Bangladesh

1 Chapter Labor

    • A. Labor Laws

       1.    Bangladesh Labor Act (2013)

      This law, amending the Bangladesh Labor Act of 2006, was passed on July 15, 2013 by the Bangladesh National Parliament. It amended 87 sections of the Bangladesh Labor Act of 2006. It has the following highlights:

      ·         Allowing formation of trade unions without informing the factory workers. Apply to Labor Directorate.

      ·         Resolution of conflicts over legal financial rights through arbitration

      ·         Ensuring safety measures for workers at their workplaces

      ·         Mandatory election for workers’ participation committees

      ·         Introducing compulsory group insurance policies

      ·         Formation of a central fund to improve living standards of workers, depositing 5% net profit of companies with different worker’s welfare and provident funds

      ·         Restriction on transfer of trade union members from one factory to another of the same owner after any labor unrest

       

      PERTINENT PROVISIONS

       

       

      CHAPTER II CONDITIONS OF EMPLOYMENT AND SERVICE

       

       

      Rules governing employment of workers

       

      Sec 3.  Conditions of service

      (1)  In every establishment employment of workers and other matters incidental thereto shall be regulated in accordance with the provisions of this Chapter: Provided that any establishment may have its own service rules regulating employment of workers, but no such rules shall be less favourable to any worker than the provisions of this Chapter:

            [Provided further that the establishments to which this Act does not           

          apply shall not make any policy, rule or house policy providing    

          benefits less than the benefits provided in this Act.]

       

      (2) The service rules mentioned in the proviso to sub-section (1) shall be submitted to the Chief Inspector for approval by the employer of the establishment and the Chief Inspector shall, within 3 [90 (ninety) days] of the receipt thereof, make such order as he deems fit.

       

      (3) No service rules mentioned in sub-section (2) shall be effective except with the approval of the Chief Inspector.

       

      (4) Any person aggrieved by the order of the Chief Inspector may, within 30 (thirty) days of the receipt of the order, prefer an appeal to the Government  and

       [the Government shall dispose of such appeal within 45 (forty five)] days of receipt thereof and] the order of the Government on such appeal shall be final.

       

      (5) The provisions of sub-section (2) shall not apply to an establishment which is owned by or under management or control of the Government.

       

      [3A. Registration of contracting agency

      (1) Notwithstanding anything contained otherwise in any other law, no contracting agency, by whatever name called, which, on contract, supplies workers to different organizations in different posts shall do so, unless it is registered by the Government.

      (2) All contracting agencies now exist in the country shall be required to get registration from the Government within 6 (six) months of making rules for this purpose under this Act.

      (3) Workers supplied by a contracting agency shall be treated as the workers of the contractor concerned and shall remain within jurisdiction of the Labour Act.

      (4) The registration procedure under this section shall be prescribed by rules.

       

       

      Explanation. For carrying out the purposes of this section, “worker” shall also include the security personnel, driver, etc.]

       

       

      Probation Period

       

      Sec. 4.  Classification of workers and probation period

       

      (9) If any worker, whose service is terminated during his probationary period, including the extended period, is reappointed by the same employer within a period of 3 (three) years, he shall, unless appointed on a permanent basis, be deemed to be a probationer and the period of his earlier probation shall be counted for determining the total period of his probation.

       

      (10) If a permanent worker is employed as a probationer in a new post, he may, at any time during his probationary period, be reverted to his previous permanent post.

       (12) In the case the employment of workers in any industry like sugar mills, chatals, etc. and in seasonal workshops, the workers employed therein in the previous year shall be given preference.]

       

       

      Appointment Letter, Identity Card, Service Book, Register of workers and supply of tickets and cards

       

      Sec. 5.  Appointment letter and identity card.

      No employer shall employ any worker without giving such worker an appointment letter and every such employed worker shall be provided with an identity card with his photograph.

       

      Sec. 6.   Service book.

       

      (1) Every employer shall, at his own cost, provide a service book for every worker employed by him.

       

      (2) Every service book shall be kept in the custody of the employer.

       

      (3) Before employing a worker, the employer shall require him to submit his previous service book, if the worker claims that he has previously worked under any other employer.

       

      (4) If such worker has any service book, he shall hand over it to the new employer and the new employer shall keep the service book in his own custody giving him a receipt.

       

      (5) If such worker has no service book, a service book shall be provided under sub-section (1).

       

      (6) If the worker desires to keep and maintain a duplicate copy of his service book, he may do so at his own cost.

       

      (7) The employer shall hand over the service book to a worker on the termination of the service of such worker.

       

      (8) If any worker losses the service book which was handed over to him or the copy thereof, the employer shall provide him with a copy of the service book at the cost of such worker.

       

      (9) Nothing in this section shall apply to an apprentice, substitute or casual worker.

       

      Sec. 7.  Form of service book.

       

      (1) A service book shall be maintained of such size and in such form as may be prescribed by rules and a photograph of the worker shall be affixed thereto.

       

      (2) A service book shall contain the following particulars, namely:

       

      (a) name of the worker, names of the mother and father and address of the worker (the name of the spouse shall also be written,  where applicable);

      (b) date of birth;

      (c) special particulars for identification;

       [(cc)    designation; (ccc)   department or section; (cccc)  ticket or card;]

      (d) if previously employed under any employer, the name and address of that employer;

      (e) period of employment;

      (f) occupation or designation;

      (g) wages and allowance (if any);

      (h) leave availed; and

      (i) conduct of the worker.

       

      Sec. 8.  Entries in the service book.

       

      The employer shall at the commencement and during continuance, of the employment of a worker, make such entries therein relating to him from time to time as are required by this Chapter and the rules, and both employer and worker shall put their signatures thereon.

       

      Sec. 9. Register of workers and supply of tickets and cards.

       

      (1) The employer shall maintain a register of workers of his establishment and make it available to the Inspector for inspection at all times during working hours.

       

      (2) The following particulars shall be included in the register of workers, namely:

       

      (a) name and date of birth of every worker;

      [(aa) names of father and mother of the worker;]

      (b) date of appointment;

      (c) nature of work;

      [(cc) designation; (ccc) department of section; (cccc) ticket or card;]

      (d) working hour fixed for him;

      (e) interval for rest and meals to which he is entitled;

      (f) day of rest to which he is entitled;

      (g) group, if any, in which he is included;

      (h) where his group works on shifts, the relay to which he is allotted; and

      (i) such other particulars as may be prescribed by rules.

       

      (3) If the Inspector is of opinion that the particulars mentioned in sub-section (2) are also recorded in the muster-roll or register maintained routinely in an establishment, he may, by order in writing, direct that such muster-roll or register shall be treated as the register of workers and shall be maintained in lieu thereof.

       

      (4) The Government may, by rules, prescribe the form of the register of workers, the manner in which it shall be maintained and the period for which it shall be preserved.

       

      (5) The employer shall supply tickets or cards to every worker in the following manner, namely :

       

      (a) every permanent worker shall be provided with a permanent departmental ticket mentioning his number;

      (b) every substitute worker shall be provided with a substitute card in which the days for which he has worked shall be entered and it shall be surrendered if and when he gets permanent employment;

      (c) every temporary worker shall be provided with a temporary ticket which shall be surrendered on his leaving the job or getting a permanent employment;

      (d) every casual worker shall be provided with a casual card in which the days for which he has worked shall be entered; and

      (e) every apprentice shall be provided with an apprentice card which shall be surrendered on his leaving the training or getting a permanent employment.

       

      When work may stop

       

      Sec. 12. Stoppage of work

       

      (1) An employer may, at any time, if necessary in the event of fire, sudden catastrophe, breakdown of machinery, stoppage of power supply, epidemics, wide spread riots or any other cause beyond his control, stop any section or sections of his establishment, wholly or partly, for such period as the cause for such stoppage continues to exist.

       

      (2) If such order of stoppage is given after the working hours has ended, the employer shall notify the concerned workers relating thereto, by a notice posted or hung the notice board in the section concerned or at a conspicuous place before the next working hour begins.

       

      (3) A notice under sub-section (2) shall contain direction as to when the work shall be resumed and whether such workers are to remain at their place of work at any time before the resumption of work.

       

      (4) In the event of such stoppage occurs during working hours, the employer shall, as soon as practicable, notify the workers concerned relating thereto by a notice in the manner specified in sub-section (2) and such notice shall contain direction as to when the work shall be resumed and whether such workers are to remain at their place of work.

       

      (5) Where workers are directed to stay at their place of work following such stoppage, the staying workers may not get wages, if the period of their stay does not exceed 1 (one) hour, and if it exceed 1 (one) hour they shall get wages for the whole period of their stay.

       

      (6) If the period of stoppage of work does not exceed 1 (one) working day, a worker, unless entitled to wages under sub-section (5), may not get any wages.

       

      (7) If the period of stoppage of work continues for more than 1 (one) working day, every concerned worker, other than a casual or substitute worker, shall be paid wages for all stopped working days exceeding 1 (one) day.

       

      (8) If the period of stoppage of work exceeds 3 (three) working days, the workers concerned shall be laid off in accordance with the provisions of section 16.

       

      (9) The lay-off mentioned in sub-section (8) shall be effective from the first day of stoppage of work, and any wage paid to a worker for the first 3 (three) days may be adjusted against the compensation payable to such worker for the period of such lay-off.

       

      (10) If any piece-rate worker is affected due to stoppage of work, his average daily earning in the previous month shall be taken to be the daily wage for the purpose of sub-section (9).

       

       

       

      When establishment may  be closed

       

      Sec. 13. Closure of establishment

       

      (1) An employer may, in the event of an illegal strike in any section or department of any establishment, close down either wholly or partly such section or establishment and in cases of such closure the workers participated in the strike shall not be paid any wages.

       

      (2) Where by reason of closing down of any section or department of any establishment under sub-section (1) any other section or department is so affected that it is not possible to keep that section or department open, that section or department may also be closed down and the workers affected thereby shall be paid wages equal to the amount of compensation payable in the case of lay-off up to a period of 3 (three) days and for any period exceeding thereto may not get any wages.

       

      (3) The employer shall notify the fact of such closure, as soon as practicable, by a notice posted or hung on the notice board in the section or department concerned or at a conspicuous place in the establishment and the fact of resumption of work shall likewise be notified.

       

      “1 (one) year”, “6 (six) months” and “wages”

       

      Sec. 14.  Calculation of “1 (one) year”, “6 (six) months” and “wages” in certain cases.

       

      (1) For the purposes of this Chapter, a worker who, during the preceding 12 (twelve) calendar months, has actually worked in an establishment for not less than 240 (two hundred and forty) days or 120 (one hundred and twenty) days, shall be deemed to have completed “1 (one) year” or “6 (six) months” respectively of continuous service in that establishment.

       

      (2) For the purpose of calculation of the number of days a worker actually worked in an establishment mentioned in sub-section (1), the following days shall also be counted, namely:

       

      (a) the days of his laid-off;

      (b) the days of his leave with or without wages due to sickness or accident;

      (c) the days of out of work due to legal strike or illegal lock-out;

      (d) in the case of female worker, maternity leave not exceeding 16 (sixteen) weeks.

       

      (3)  For the purposes of calculation of compensation under section 19, 20 or 23 or of wages under section 22, 23, 26 or 27, “wages” shall mean the average of the basic wages and dearness allowance and ad-hoc or interim wages, if any, paid to a worker during the period of 12 (twelve) months immediately preceding the date of his retrenchment, dismissal, removal, discharge, retirement or termination of employment, as the case may be.

       

       

      Application of Sections 12, 16, 17 and 18

       

      Sec. 15.  Restrictions on application of sections 12, 16, 17 and 18

       

      Notwithstanding anything contained elsewhere in this Chapter, the provisions of sections 12, 16, 17 and 18 shall not apply to any establishment where at least 5 (five) workers are not employed or were not employed during the preceding 12 (twelve) months.

       

      Compensation for laid-off workers

       

      Sec. 16. Right of laid-off workers for compensation.

       

      (1) Whenever a worker, other than a substitute or casual worker, whose name is on the muster-rolls of an establishment and who has completed at least 1 (one) year of service under the employer is laid-off, he shall be paid compensation by the employer for all days during which he is so laid-off, except for weekly holidays.

       

      (2) The amount of compensation mentioned in sub-section (1) shall be equal to half of the total of the basic wages and dearness allowance and ad-hoc or interim wages, if any, and equal to the full amount of housing allowance that would have been payable to him if he had not been so laid-off.

       

      (3) A substitute worker whose name is on the muster-rolls of an establishment shall not be treated as substitute for the purpose of this section, if he has completed one year of continuous service in that establishment.

       

      (4) Unless there is an agreement to the contrary between the worker and the employer, no worker shall be entitled to the payment of compensation under this section for more than 45 (forty-five) days during any calendar year.

       

      (5) Notwithstanding anything contained in sub-section (4), if during a calendar year any worker is laid-off for more than 45 (forty-five) days, whether continuously or intermittently, and after the expiry of such 45 (forty-five) days the period of lay-off is extended for further 15 (fifteen) days or more, the worker shall, unless there is an agreement to the contrary between the worker and the employer, be paid compensation for every subsequent period of lay-off for 15 (fifteen) days or more.

      (6) The amount of compensation mentioned in sub-section (5) shall be equal to one-fourth of the total of the basic wages and dearness allowance and ad-hoc or interim wages, if any, and equal to the full amount of housing allowance, if any.

       

      (7) In any case, during a calendar year, if a worker is to be laid-off after the first 45 (forty-five) days as aforesaid, for any continuous period of 15 (fifteen) days or more, the employer may, instead of lying off such worker, retrench him under section 20.

       

      Keeping track of laid-off workers

       

      Sec. 17. Muster-roll for laid-off workers.

       

      Notwithstanding that the workers employed in an establishment are laid-off, the employer shall maintain a muster-roll, and cause to be recorded therein the names of those who may, from amongst the laid-off workers, present themselves for work at the establishment during normal working hours:

       

      [Provided that the muster-roll shall not be maintained in any other manner nor any worker shall be employed on master roll.]

       

       

      When laid-off workers are not entitled to compensation

       

      Sec. 18. Laid-off workers not entitled to compensation in certain cases.

       

      (1) Notwithstanding anything contained elsewhere in this Chapter, no compensation shall be payable to a worker who has been laid-off, if he

       

      (a) refuses to accept on the same wages, any alternative employment not requiring any skill or previous experience in the same establishment or in any other establishment belonging to the same employer and situated in the same town or village or situated within 8 (eight) kilometres of the establishment;

       

      (b) 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.

       

      (2) For the purpose of sub-section (1) (b), a laid-off worker who presents himself for work at the establishment at the appointed time during normal working hours on any day and is not given employment within 2 (two) hours of his so presenting himself, shall be deemed to have been laid-off for that day within the meaning of this section.

       

      (3) If a laid-off worker who presents himself for work as mentioned in sub-section (2), is, instead of being given employment at the commencement of any shift for any day, asked to present himself for the purpose during the second half of the shift for that day, and accordingly  presents himself for work, he shall be deemed to have been laid-off only for one-half of that day, the other half being treated as on duty, irrespective of the fact whether he is given work or not.

       

      Compensation for dead employee

       

      [Sec. 19. Compensation for death.

      If a worker dies while in service for at  least more than 02 (two) years continuously under an employer, such employer shall pay as compensation 30 (thirty) days wages or, in the case of his death  while working in the establishment or in the case of his death following an accident while working in the establishment 45 (forty five) days wages for every competed year of his service or any part thereof exceeding 6 (six) months or gratuity, whichever is higher, to the nominee of the deceased worker or, in the absence of the nominee, to his dependent and this money shall be in addition to the retirement benefit to which the deceased worker would have been entitled had he retired from service.]

       

      Sec.131. Payment of unpaid wages of the dead workers.

       

      (1) Subject to other provisions of this Chapter, all sums payable to a worker as wages shall, if not possible to be paid due to his death or on account of his whereabouts not being known,

       

      (a) be paid to the person nominated by the concerned worker in this behalf in accordance with the rules;

      (b) if there is no such nominee or if, for any reason, not possible to be paid to the nominee, be deposited with the Labour Court, and the Court shall take  measures in this behalf in accordance with the rules.

       

      (2) Where, under the provisions of sub-section (1), all sums payable to a worker as wages have been paid by the employer to the person nominated by the concerned worker or have been deposited with the Labour Court, the employer shall be discharged of his liability in respect of payment of such wages.

       

      Retrenchment

       

      Sec. 20.  Retrenchment.

       

      (1) Any worker may be retrenched from service of any establishment on the ground of redundancy.

       

      (2) If any worker has been in continuous service under an employer for not less than 1 (one) year, the employer, in the case of retrenchment of such worker, shall

      (a) give him 1 (one) month’s notice in writing mentioning the reasons for his retrenchment or, in lieu of such notice pay him wages for the period of notice;

      (b) send a copy of the notice to the Chief Inspector or any other officer specified by him, and another copy to the collective bargaining agent of  the establishment, if any; and

      (c) pay him as compensation 30 (thirty) days’ wages for his every year of service or gratuity, if any, whichever is higher.

       

      (3) Notwithstanding anything contained in sub-section (2), in the case of retrenchment  under section 16(7), no notice mentioned in sub-section (2) (a) shall be necessary; but the worker so retrenched shall be paid further 15 (fifteen) days’ wages, in addition to the compensation or gratuity, which may be payable to him under sub-section (2) (c).

       

      (4) Where a worker of any particular category is required to be retrenched, the employer shall, in the absence of any agreement between him and the worker in this behalf, retrench the worker who was the last person to be employed in that category.

       

       

      Re-employment of retrenched workers

       

      Sec. 21. Re-employment of retrenched workers.

      Where any worker is retrenched and the employer intends to employ again any worker within a period of one year of such retrenchment, the employer shall send a notice to the last known address of the retrenched worker asking him to apply for employment, and any worker who applies for re-employment in response to such request shall be given preference, and if more than one such retrenched workers apply, preference shall be given on the basis of their seniority in their previous services.

       

      When a worker may be discharged

       

      Sec. 22.  Discharge from service.

       

      (1) A worker may be discharged from service for reasons of physical or mental incapacity or continued ill-health certified by a registered medical practitioner.

       

      (2) If a discharged worker completes not less than one year of continuous service he shall be paid by the employer, as compensation, 30 (thirty) days’ wages for his every year of service, or gratuity, if payable, whichever is higher.

       

      Misconduct and/or Conviction of Employees

       

      Sec. 23. Punishment for misconduct and conviction.

       

      (1) Notwithstanding anything contained as to lay-off, retrenchment, discharge and termination of service elsewhere in this Act, a worker may be dismissed without a notice or without wages in lieu of a notice if he is

      (a) convicted of any criminal offence; or

      (b) found guilty of misconduct under section

       

      Alternatives to dismissal of a worker found guilty of misconduct

       

       

      Sec. 24. (2) A worker found guilty of misconduct may, instead of being dismissed under sub-section (1), under any extenuating circumstances, be awarded any of the following punishments, namely:

       

      (a) removal;

      (b) reduction to a lower post, grade or scale of pay for a period not exceeding 1 (one) year;

      (c) stoppage of promotion for a period not exceeding 1 (one) year;

      (d) withholding of increment for a period not exceeding 1 (one) year;

      (e) fine;

      (f) suspension without wages or without subsistence allowance for a period not exceeding 7 (seven) days;

      (g) censure and warning.

       

      [(3) A worker who is dismissed under sub-section (2)(a) shall, if the period of his continuous service is not less than 1 (one) year, be paid by the employer as compensation 15 (fifteen) days wages for every completed year of his service: Provided that no worker shall be entitled to any compensation if he is dismissed for misconduct under sub-section (4)(b) and (g); but in such case, the worker concerned shall get other lawful dues as usual.]

       

      (4)  The following acts shall be treated as misconduct, namely:

       

      (a) willful disobedience, whether alone or in combination with others to any lawful or reasonable order of a superior;

      (b) theft, 1 [misappropriation,] fraud or dishonesty in connection with business or property of the employer;

      (c) taking or giving bribe in connection with his or any other worker's employment under the employer;

      (d) habitual absence without leave or absence for more than 10 (ten) days at a time without obtaining leave;

      (e) habitual late attendance;

      (f) habitual breach of any law or rule or regulation applicable to the establishment;

      [(g) disorderliness, riot, arson or breakage in the establishment;];

      (h) habitual negligence in work;

      (i) habitual breach of any rule relating to employment, including discipline or conduct, approved by the Chief Inspector;

      (j) altering, forging, wrongfully changing, damaging or causing lose to employer's official records.

       

      (5) If a worker dismissed under sub-section (1) (a), is acquitted on an appeal, he shall be reinstated to his original post or shall be appointed to a suitable new post; and if any of them is not possible, he shall be paid compensation at a rate equal to the rate of compensation payable to a discharged worker, deducting the amount of compensation already paid to him for his dismissal.

       

      Procedure for punishment of Worker

       

      Sec. 24. Procedure of punishment.

       

      (1) No order of punishment under section 23 shall be made against a worker unless-

       

      (a) the allegation against him is recorded in writing;

       

      (b) he is given a copy of the allegation and a period of at least  7 (seven) days is given to explain;

       

      (c) he is given an opportunity of being heard;

       

      (d) he is found guilty after an enquiry made by the enquiry committee consisting of equal number of representatives of the employer and the worker: Provided that such enquiry shall be concluded within 60 (sixty) days.]

       

      (e) the employer or the manager approves the order of dismissal.

       

      (2) A worker charged for misconduct may be suspended pending enquiry into the charge and, unless the matter is pending before any Court, the period of such suspension shall not exceed 60 (sixty) days:  [Provided that during the period of such suspension, a worker shall be paid by his employer subsistence allowance and he shall get other allowances in full.]

       

      (3) An order of suspension shall be in writing and shall take effect immediately on delivery to the worker.

       

      (4) In an enquiry, the accused worker may be 3 [assisted] by any person employed in his establishment and nominated by him.

       

      (5) If in an enquiry, any oral evidence is given by any party, the person against whom such evidence is given may cross examine the witness.

       

      (6) If, on enquiry, a worker is found guilty and is punished under section  23 (1), he shall not be entitled to his wages for the period of suspension, but he shall be entitled to the subsistence allowance for such period.

       

      (7)  If, on enquiry the charge against the worker is not proved, he shall be deemed to have been on duty in the period of suspension and shall be paid his wages for such period with adjustment of the subsistence allowance already paid.

       

      (8) In case of awarding punishment, a copy of the order of punishment shall be supplied to the worker concerned.

       

      (9) If a worker refuses to accept any notice, letter, statement of allegation, order or any other papers sent to him by the employer, it shall be understood to have been delivered to him, if a copy thereof is exhibited on the notice board and another copy is sent by registered post to the address of the worker obtained from the records of the employer.

       

      (10) In awarding any punishment the employer shall take into account the previous record of the worker concerned, the 1 [importance of the offence, credit and contribution during service]and existing any other special circumstances.

       

      Fine

       

      Sec. 25.  Special provisions relating to fine.

       

      (1) No fine exceeding 1/10 (one- tenth) of the wages payable to a worker in a wage-period shall be imposed on any worker.

       

      (2) No fine shall be imposed on a worker who is under the age of 15 (fifteen) years.

       

      (3) No fine imposed on any worker shall be recovered from him by installments or after the expiry of 60 (sixty) days from the date on which it was imposed.

       

      (4) Every fine shall be deemed to have been imposed on the day of the commission of the offence in respect of which it was imposed.

       

      (5) All fines and all realizations thereof shall be recorded by the employer in a register prescribed by rules and all fines realized shall be spent only for the welfare of the workers employed in the establishment.

       

      Other forms of termination of employment by employer

       

      Sec. 26. Termination of employment of worker by an employer otherwise than by dismissal, etc.

       

      (1) The employment of a permanent worker may be terminated by an employer, otherwise than in the manner provided elsewhere in this Chapter, by giving him a notice in writing, of

      (a) 120 (one hundred and twenty) days, if he is a monthly rated worker;

      (b) 60 (sixty) days, in case of other workers.

      (2) The employment of a temporary worker may be terminated by an employer, otherwise than in the manner provided elsewhere in this Chapter, and if it is not due to the completion, cessation, abolition or discontinuance of the temporary work for which he was appointed, by giving him a notice in writing, of

       

      (a) 30 (thirty) days, if he is a monthly rated worker;

      (b) 14 (fourteen) days, in case of other worker.

      (3) Where an employer intends to terminate the employment of a worker without any notice, he may do so by paying the worker wages for the period of notice, in lieu of the notice, under sub-section (1) or (2).

      (4)  Where the employment of a permanent worker is terminated under this section, he shall be paid by the employer compensation at the rate of 30 (thirty) days wages for his every completed year of service or gratuity, if payable, whichever is higher, and this compensation shall be in addition to any other benefit which is payable to such worker under this Act.

       

      Termination of employment by workers

       

      Sec. 27. Termination of employment by workers.

       

      (1) A permanent worker may resign his service by giving the employer 60 (sixty) days notice in writing.

       

      (2) A temporary worker may resign his service by giving the employer a notice, in writing, of

      (a) 30 (thirty) days, if he is a monthly rated worker;

      (b) 14 (fourteen) days, in case of other workers.

       

      (3) Where a worker intends to resign his service without any notice, he may do so by paying the employer an amount equal to the wages for the period of notice, in lieu of notice under sub-section (1) or (2).

       

      [(3A) Notwithstanding anything contained in sub-section (3), if a worker remains absent from his work place for more than 10 (ten) days without notice or permission, the employer shall serve him a notice to explain the reason of his absent and join the service within 10 (ten) days and, in such case, if the worker does not submit any written explanation or join the service within the stipulated time, the employer shall give him further 7 (seven) days time to defend himself, and thereupon if the worker does not join the service or defend himself, he shall be deemed to have been released from service on and from the date of such absence.]

       

      (4) Where a permanent worker resigns his service under this section, he shall be paid by the employer compensation,

       

      (a) at the rate of 14 (fourteen) days’ wages for his every completed year of service, if he completes 5 (five) years of continuous service or more but less than 10 (ten) years under the employer;

       

      (b) at the rate of 30 (thirty) days’ wages for every completed year of service if he completes 10 (ten) years of continuous service or more under the employer;  or gratuity, if payable, whichever is higher, and this compensation shall be in addition to any other benefit payable to such worker under this Act.

       

      Retirement of worker

       

      Sec. 28.  Retirement of worker.

      (1) Notwithstanding anything contained elsewhere in this Chapter, a worker employed in any establishment shall, ipso facto, retire from employment on the completion of 1 [60 (sixty)] years of his age.

       

      (2) For the purpose of counting age of a worker under this section, the date of birth recoded in the service book of that worker shall be the conclusive proof.

      (3) Every retiring worker shall be paid the dues receivable by him under the provisions of section 26(4) or under the service rules of the establishment.

      (4) Any authority may, if it thinks fit, employ later on a retiring worker under contract.

       

      Employer-worker relations in disaster or damage beyond control

       

       

      [Sec. 28A.  Employer-worker relations in disaster or damage beyond control.

      Notwithstanding anything contained in this Chapter, if, for sudden natural disaster or any other disaster which is beyond human control or for urgent necessity, any industry is shifted or production of any industrial establishment is permanently closed, the Government may determine the employer and worker relations in such manner as may be prescribed by rules.]

       

      Provident Fund

       

      Sec. 29.  Payment of Provident Fund.

      If a worker is a member of any Provident Fund and is entitled to any benefit from such Fund including the employer’s contribution under the rules of the Fund, he shall not be deprived of such benefit due to retrenchment, discharge, dismissal, retirement, removal or termination of service.

       

      Deadline for payment of worker’s dues

       

      Sec. 30. Time for final payment of dues of worker.

      Where the employment of a worker ceases due to retirement, discharge, retrenchment, dismissal, termination or any other reason, . all amounts due to him shall be paid by the appointing authority within a maximum period of 30 (thirty) working days following the date of cessation of his employment.

       

      Certificate of Service

       

      Sec. 31. Certificate of service.

      Every worker, other than a casual or substitute worker, shall be entitled to get a certificate relating to service from his employer at the time of his retrenchment, discharge, dismissal, removal, retirement or termination of service.

       

      Eviction from residential accommodation

       

      Sec. 32. Eviction from residential accommodation.

       

      (1) A worker, whose service has been ceased by whatever means, shall vacate the residential accommodation allotted to him by the employer within the period of 60 (sixty) days from the date of cessation of employment.

       

      (2)  If a worker does not vacate the residential accommodation within such period, the employer may make a complaint against him to the Labour Court :

       

      [Provided that no worker shall be evicted from his residential accommodation without paying him all his dues.]

       

      (3) On hearing both the parties, the Court shall summarily try the case and may direct the said worker to vacate the residential accommodation within a reasonable time.

       

      (4) The Court may, if necessary, direct a police officer to evict such worker, by force, in case he fails to quit residential accommodation within the time specified by the Court.

       

      (5) The police officer, who is directed by the Court under sub-section (4), shall inform the occupants of the accommodation the summary of the order of the Court and his intention to enter into such accommodation, and shall allow them at least 6 (six) hours time to vacate the accommodation, and shall give all possible facilities to the children to come out before applying force for taking over possession of such accommodation.

       

      Making a complaint

       

      Sec. 33.  Procedure of making complaint.

       

      (1) Any worker including a worker who has been laid-off, retrenched, discharged, dismissed, removed, or otherwise terminated from employment, who has any complaint in respect of anything under this Chapter, and intends to get redress thereof under this section, shall 3 [send] his complaint in writing to his employer, by registered post within 30 (thirty) days of being informed of the cause of such complaint: Provided that if the appointing authority accepts the complaint directly and acknowledges the receipt thereof in writing, such complaint shall not be required to be sent by registered post.

       

      (2) The employer shall within 4 [30 (thirty)] days of receipt of the  complaint, make enquiry into the complaint and shall after giving the concerned worker an opportunity of being heard, communicate him in writing his decision  thereon.

       

      (3) If the employer fails to give any decision under sub-section (2), or if the concerned worker is dissatisfied with such decision, he may submit a complaint in writing, to the Labour Court within 30 (thirty) days from the date of expiry of the period mentioned in sub-section (2) or, as the case may be, within 30 (thirty) days from the date of the decision of the employer.

       

      (4) The Labour Court shall, on receipt of the complaint, give notice to both the parties and hear their statement on the complaint, and considering the circumstances of the case shall pass such order as it may deem just.

       

      (5) The Labour Court, may, by an order passed under sub-section (4), amongst other reliefs, direct for reinstatement of the complainant in service, with or without arrear wages and convert the order of dismissal, removal or discharge to any minor punishment specified in section 23(2).

       

      (6) Any person aggrieved by an order of the Labour Court, may, within thirty days of the order, prefer an appeal to the Tribunal, and the decision of the Tribunal on such appeal shall be final.

       

      (7) No Court-fee shall be payable for making any complaint or preferring an appeal under this section.

       

      (8) No complaint under this section shall amount to a criminal prosecution under this Act.

       

      (9) Notwithstanding anything contained in this section, no complaint shall lie against an order of termination of employment under section 26, unless such order is alleged to have been made for his trade union activities or passed with an ill motive or unless the worker concerned has been deprived of the benefits specified in that section.

       

       

      CHAPTER III EMPLOYMENT OF ADOLESCENT WORKER

       

      Exceptions on rule that no child shall be employed

       

      Sec. 34.  Restrictions on employment of children and adolescents.

       

      (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, unless

       

      (a) a certificate of fitness in the form prescribed by rules, 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 containing a reference to such certificate.

      (3) Nothing of sub-section (2) shall apply to the employment of any adolescent in any occupation or establishment either as an apprentice or for receiving vocational training.

       

      (4) The Government may, if it thinks that an emergency exists and  it is necessary in the public interest, by notification in the official Gazette,  suspend the application of sub-section (2) for such period as may be specified therein.

       

      Sec. 35. Restriction on certain agreements in respect of children.

      Subject to the provisions of this Chapter, no parent or guardian of a child shall make an agreement with any one  allowing the child to be appointed for any work.

       

      Explanation.

      In this section, ''guardian'' shall include a legal custodian of a child or any person having authority over a child.

       

      Doubt as to age of child or adolescent

       

      [Sec. 36. Dispute as to the age.

      If any question arises as to whether any person is a child or an adolescent it shall be resolved on the basis of birth registration  certificate or school certificate or a certificate issued by a registered medical practitioner certifying the age of the concerned person.]

       

      Fit for employment

       

       

      Sec.37. Certificate of fitness.

       

      (1) A registered medical practitioner shall, on a request made by any adolescent or his parent or guardian or by an employer for examining whether the adolescent is fit to work in any occupation or establishment, examine the adolescent and give decision as to his fitness: Provided that when such application is made by any adolescent or his parent or guardian, the application shall be accompanied by a letter signed by the employer in whose establishment the adolescent is an applicant for employment stating that such adolescent shall be employed if he is certified to be fit for work.

       

      (2) A certificate of fitness granted under this section shall remain valid  for a period of 123 (twelve) months from the date on which it was issued.

       

      (3) Any fee payable for such certificate shall be paid by the employer,  and shall not be recoverable from the concerned adolescent or his parents or guardian.

       

       

       

      Sec. 38.  Power to order for medical examination.

       

      Where an Inspector is of opinion that

       

      (a) any person working in an establishment is an adolescent, but he has no certificate of fitness; or

      (b) an adolescent working in an establishment with a certificate of fitness is no longer fit to work stated in the certificate; he may, by a notice, require the employer to get such adolescent to be examined by a medical practitioner, and until the adolescent is certified to be fit after such examination or is certified that the adolescent is no longer an adolescent, may direct the employer not to give such adolescent any work.

       

      Hazardous work and restrictions on employment of adolescents in certain work

       

      [39. Declaration of list of hazardous work and restrictions on employment of adolescents in certain work.

       

      (1) The Government shall, by notification in the official Gazette, declare, from time to time, a list of hazardous work.

      (2) No adolescent shall be employed in any work declared by the Government as hazardous.

      (3) No adolescent shall be allowed to clean, lubricate or adjust any machinery of any establishment while it is in motion or to work between moving parts or between the fixed and moving parts of such machinery.]

       

       

      Exceptions to prohibition against employment of adolescent in hazardous work

       

      Sec. 40.  Employment of adolescent in the work [or hazardous work] of dangerous machines.

       

      (1) No adolescent shall work at any machine, unless

       

      (a) he has been fully instructed as to the dangers arising in connection with such machine and the precautions to be observed in this respect; and

       

      (b) he has received sufficient training to work at the machine, or is under supervision of 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 should not work at them unless the requirements of sub-section (1) are complied with.

       

      Working hour and period of work for adolescent

       

      Sec. 41.  Working hour for adolescent.

       

      (1) No adolescent shall be allowed to work in any factory or mine for more than 5 (five) hours in any day and  30 (thirty) hours in any week.

      (2) No adolescent shall be allowed to work in any other establishment for more than 7 (seven) hours in any day and 42 (forty two) hours in a week.

      (3) No adolescent shall be allowed to work in any establishment between 7 o’clock in the evening and 7 o’clock in the morning.

      (4) If an adolescent works overtime, the total number of hours worked including overtime shall not exceed

      (a) in any factory or mine, 36 (thirty six) hours in a week;

      (b) in any other establishment, 48 (forty eight) hours in a week.

      (5) The period of work of an adolescent employed in an establishment shall be limited to 2 (two) shifts, and the period of any shift shall not exceed more than 7 1/2 (seven and a half) hours.

      (6) An adolescent may be employed in one relay only and this shall not, except with the previous permission, in writing, of the Inspector, be changed more than once in a period of 30 (thirty) days.

      (7) The provisions relating to weekly holidays under this Act shall apply also to the adolescent workers and the operation of this provision shall not be suspended in respect of the adolescent workers.

      (8) No adolescent shall be allowed to work in more than one establishment in a day.

       

      Sec. 43. Notice of period of work for adolescent.

       

      (1) In an establishment where adolescents are employed, there shall be displayed in the manner prescribed by rules, a notice relating to working hours of adolescents with reference to specific time of their work.

       

      (2) The time shown in the notice under sub-section (1) shall be fixed  before start of the work in the manner fixed for adult workers and shall be such that any adolescent working at that time shall not have to work in contravention of this Act.

       

      (3) The relevant provisions applicable to adult workers working in the establishment shall also apply to the notice under sub-section (1).

       

      (4) The Government may, by rules, prescribe the form of such notice and the manner in which it shall be maintained.

       

      Prohibition of employment of adolescent in underground and under water

       

      Sec. 42.  Prohibition of employment of adolescent in underground and under water.

      No adolescent shall be employed in any work in the underground or underwater.

       

      Exception in certain cases in the employment of child workers and handicapped workers

       

      Sec. 44.  Exception in certain cases in the employment of child workers [and handicapped workers].

       

      (1) Notwithstanding anything contained in this Chapter, a child who has completed 12 (twelve) years of age, may be employed in such a light work which is not dangerous to his health and development or shall not interfere with his education: Provided that if the child is a school going one, the working hour of him shall be so arranged that it does not interfere with his attendance in the school.

       

      (2) All provisions of this Chapter applicable to an adolescent worker shall, mutatis-mutandis, apply to such child workers [and handicapped workers.] 

      [(3) No handicapped worker shall be employed in the work of a dangerous machine or hazardous work.]

       

      CHAPTER IX: WORKING HOUR AND LEAVE

       

      Special age limit for road transport worker

       

      Sec.112. Special age limit for road transport worker.

       

      (1) No person shall be employed as a driver in a road transport establishment unless he has attained the age of 21 (twenty one) years.

      (2) No person shall be employed in such establishment in any other post unless he has attained the age of 18 (eighteen) years.

       

      When shops may be closed

       

      Sec. 114. Closure of shops, etc.

       

      (1) Every shop or commercial or industrial establishment shall remain entirely closed for at least 1 ½ (one and a half) day in each week.

       

      (2) The Chief Inspector shall fix which 1 ½ (one and a half) day in which area such establishments shall remain entirely closed: Provided that the Chief Inspector may, from time to time, in the public interest, refix such fixed day for any area.

       

      (3) No shop shall remain open after 8 o’clock at night on any day: Provided that if any customer is in a shop for buying such customer may be given an opportunity for buying till 30 (thirty) minutes following such closing hour.

       

      (4) The Government may, in consideration of special circumstances, by notifications in the official Gazette, alter the closing hours of shops in any area in any season on such conditions as may be mentioned in the notice.

       

      (5) The provisions of this section shall not apply to the following cases, namely:

       

      (a) docks, jetty, stations or airports and terminal offices of transport services;

      (b) shops dealing mainly in vegetables, meat, fish, dairy products, bread, pastries, sweetmeats and flowers;

       

      (c) shops dealing mainly in medicines, surgical appliances, bandages or other medical requisites;

      (d) shops dealing in articles for funerals or cremation;

      (e) shops dealing mainly in tobacco, cigars, cigarettes, bidi, pan, ice, newspapers,  periodicals and retail shops for selling 1 [light] tiffin to be eaten sitting in the shops;

      (f) petrol pumps for the retail sale of the petrol and automobile service stations not being repair workshops;

      (g) shops of barbers and hair dressers;

      (h) any system of public conservancy or sanitation;

      (i) any industry, business or establishment which supplies power, light or water to the public;

      (j) clubs, hotels, restaurants, catering houses, cinemas or theatres: Provided that where several trades or business are carried on in the same shop or commercial establishment and the majority of them, by their nature, are eligible to exemption from this section, such exemption shall apply to the entire shop or commercial establishment: Provided further that the Chief Inspector may, by a general or special order, published in the official Gazette, fix the opening and closing hours for any aforesaid establishments or class of establishment.

       

      [(6) If any shop or commercial establishment mentioned in sub-section (5) exists in a market or shopping mall, the provisions of sub-section (1) shall apply to such shop or establishment.]

       

      CHAPTER X WAGES AND PAYMENT THEREOF

       

      Wages defined

       

      Sec.120. Special definition of wages.

       

      Unless there is anything repugnant in the subject or context, in this Chapter, "wages" means the wages as defined in section 2 (45), and also includes the following dues, namely:

       

      (a) any bonus or other additional remuneration payable under the terms of employment;

      (b) any remuneration payable for leave, holiday or overtime work;

      (c) any remuneration payable under order of any Court or any award or settlement between the parties;

      (d) any sum payable under any agreement or this Act for the reason of termination of employment, whether by way of retrenchment, discharge, removal, resignation,  retirement, dismissal or by whatever means; and

      (e) any sum payable due to lay-off or suspension.

       

      Payment of Wages

       

      Sec. 121.  Responsibility for payment of wages.

      Every employer shall be liable to pay to workers employed by him all wages required to be paid under this Act:

       

      Provided that in the case of all other workers, except any worker employed by a contractor, the Chief Executive Officer, the manager or any other person responsible to the employer for the supervision and control of an establishment shall also be liable for such payment:

       

      Provided further that if the wages of a worker employed by the contractor is not paid by the contractor, the wages of such worker shall be paid by the employer of the establishment, and the same shall be adjusted from the contractor.

       

       

      Fixing of Wage Periods

       

      Sec. 122. Fixation of wage-periods.

       

      (1) Every person liable for the payment of wages under section 121 shall fix wage periods in respect of such payment.

      (2) No wage period shall exceed 1 (one) month.

       

      When wages are paid

       

      Sec. 123. Time of payment of wages.

       

      (1) The wages of a worker shall be  paid before the expiry of the seventh working day following the last day of the wage period in respect of which the wages is payable.

       

      (2) Where the employment of a worker is terminated by retirement or by his retrenchment, discharge, removal by the employer 1 [or by termination of employment by the worker] or otherwise, all wages payable to him shall be paid before the expiry of the [thirtieth] working day following the day of termination of his employment.

       

      (3) All wages shall be paid on the working day.

       

      Wages to be paid in current coin or currency notes, etc.

       

      Sec. 124.  Wages to be paid in current coin or currency notes, etc.

       

      [(1)] All wages shall be paid in current coin or currency notes or bank cheque.

       

      [(2) Besides the manner mentioned in sub-section (1), where applicable, as per demand of a worker the wages may be paid directly through electronic transfer or any other digital manner to the bank account of such worker.]

       

      Payment of wages and other dues

       

       

      [124A. Payment of wages and other dues through conciliation.

       

      (1) An application may be made to the Chief Inspector or an officer authorized by him in this behalf for getting the wages and other legal dues of a worker or workers through conciliation at any stage of his or their employment including at the time of employment or under retirement or on termination or dismissal of employment, etc.

       

      (2) On receipt of such an application, the Chief Inspector or the officer authorized by him in this behalf shall take measures, within a period of not exceeding  20 (twenty) days, to settle the claim raised, through discussion or conciliation meetings with the employer or authority concerned.

       

      (3) In settling the claim raised under this section, the Chief Inspector or the officer authorized by him in this behalf shall act as a conciliator in taking initiative and holding discussion or conciliation meeting.

       

      (4) The unanimous decision of such discussion or conciliation meetings shall be binding upon all the parties.

       

      (5) The decision of the conciliator taken in the discussion or conciliation meetings held under this section shall be given in writing to both the parties.

       

      (6) After completion of the conciliatory measures by the conciliator under this section, if both or either parties of the worker and employer do not agree to comply with his decision, the party concerned or both the parties may file a suit in the Labour Court for settlement of the issue and the Labour Court shall, while trying the suit, take into consideration the decision of the conciliator.]

       

       

      Deductions from wages

       

      Sec. 125.  Deductions which may be made from wages.

       

      (1) Except the cases for deduction authorized by this Act, no deduction shall be made from the wages of a worker.

       

      (2) Deductions from the [basic wages of a worker] may be made only in accordance with the provisions of this Act, and such deduction shall be of the following kinds only, namely:

       

      (a) fines imposed under section 25;

      (b) deductions for unauthorized absence from duty;

      (c) deductions for damage to or loss of any goods given under the custody of a worker or for loss of money for which he is liable to account, where such damage or loss is directly attributable to his neglect or default;

      (d) deductions for house-accommodation provided by the employer;

      (e) deductions for facilities and service approved by the Government and provided by the employer, other than the raw materials and equipments used for the requirement of employment;

      (f) deductions for recovery of advances or loans or adjustment of overpayments of wages;

      (g) deductions of income-tax payable by the worker;

      (h) deductions by order of a Court or deduction by order of any authority competent to make such order of deduction;

      (i) deductions for subscriptions to and for payment of advances from any provident fund to which the Provident Funds Act, 1925 (Act No. XIX of 1925) applies or any recognized provident fund as defined in the Income-tax Ordinance, 1984 (Ordinance No. XXXVI of 1984) or any other provident fund approved by the Government;

      (j) deductions for payment to any co-operative society approved by  the Government or to an insurance scheme maintained by the Bangladesh Postal Department or any Government Insurance Company;

      (k) deductions made with the written consent of the workers for the contribution to any fund or scheme constituted or framed by the employer with the approval of the Government for the welfare of the workers or the members of their families; and

      (l) deduction of subscription for the CBA Union through check-off system.

       

      Deductions from Wages due to absences

       

      Sec.126. Deductions from wages for absence from duty.

       

      (1) Deductions from wages of a worker for absence from the place of worker under section 125(2) (b) may be made only, when he, by the terms of his employment, is required to work, but he is absent for the whole or any part thereof.

       

      (2) The amount of such deduction shall, in no case, be more than the amount of wages payable to him for the period of absence: Provided that, subject to any rules made in this behalf by the Government, if ten or more workers in a body absent themselves from work without notice and reasonable cause, wages of not exceeding eight days may also be added to the deduction from wages from every such worker which is payable to the employer in lieu of notice by the terms of his employment.

       

      Explanation.

      For the purposes of this section, a worker shall be deemed to be absent from the place of work if he, being present in such place, refuses to work in pursuance of a stay-in-strike or for any other unreasonable cause. It shall also be applicable to an officer of the trade union.

       

      Deductions from wages for damage or loss, services rendered, recovery of loans or advances and others

       

       

      Sec.127. Deductions from wages for damage or loss.

       

      (1) Any deduction under section 125(2) (c) shall not exceed the amount of the damage or loss caused to the employer by neglect or default of the concerned worker, and such deduction shall not be made until the worker is found guilty through proper enquiry in compliance with the principles of natural justice.

       

      (2) All such deductions and all realizations relating thereto shall be recorded in such register as may be prescribed by rules by the person responsible for the payment of wages.

       

      Sec.128. Deductions from wages for services rendered.

       

      No deduction shall be made from the wages of a worker under section 125(2)(d) and (e) unless the house-accommodation, facilities or services provided are accepted by the concerned worker according to the terms of employment or otherwise, and such deduction shall not, in no circumstances, exceed the value of the house accommodation, facilities or service provided, and in the case of deduction under clause (e) it shall be subject to such conditions as the Government may impose.

       

      Sec.129. Deductions from wages for recovery of loans or advances.

       

      All deductions under section 125(2) (f) shall be subject to the following conditions, namely:

       

      (a) recovery of loan or advance given before employment shall be made from the first payment of wages for a complete wage period, but no such deduction shall be made from loan or advance given for traveling expenses;

      (b) in what amount any loan or advance for the wages yet not earned may be given and in how many installments it may be recovered shall be determined subject to such rules as may be made by the Government in this behalf.

       

      Sec.130. Other deductions from wages.

      All deductions from wages under section 125 (2) (j), (k) and (l) shall be subject to such conditions as the Government may impose.

       

       

      Claims arising out of deductions from wages or delay in payment of wages

       

      Sec. 132.  Claims arising out of deductions from wages or delay in payment of wages.

       

      (1) Where any deduction is made from the wages of a worker in contrary to the provisions of this Act or the wages of a worker is not paid or payment of his wages or gratuity payable under any rule or dues from the provident fund is delayed, he or, in the case of his death, any of his heirs or any legal representative may apply to the Labour Court for recovery of wages or arrear or delayed wages or other dues.

       

      (2) Such application shall be submitted to the Labour Court within which jurisdiction the place where the concerned worker was working or where the wages would have been paid to him situates within 12 (twelve) months from the date of deduction of wages or, as the case may be, from the date when the wages became due: Provided that any such application may be presented after the expiry of the said period also, if the applicant may satisfy the Labour Court that he had sufficient cause for not making the application within such period.

       

      (3) After the receipt of an application under sub-section (1), the Labour Court shall give the applicant and the employer or any other person responsible for the payment of wages under this Chapter an opportunity of being heard, and shall take necessary evidence, and may direct the employer or the person responsible for payment of wages to pay the wages which was deducted or  was not paid or being delayed in the payment thereof to the applicant.

       

      (4) Any order given under sub-section (3) shall not prejudice any punitive measure which may be taken against such employer or the person responsible for payment of wages under this Act.

       

      (5) The Labour Court passing an order under sub-section (3) may also direct the employer or the person responsible for payment of wages to pay 25% (twenty-five per cent) of the wages  as compensation to the applicant.

       

      (6) No direction for the payment of compensation under sub-section (5) shall be made in the case of delay in the payment of wages, if the Labour Court is satisfied that the delay was due to

      (a) a bona fide error or bona fide dispute as to the amount of wages payable to the worker; 

      (b) the inability of the person responsible for the payment of wages to make payment thereof in due time, in spite of his reasonable efforts, for an emergent situation or the existence of an exceptional circumstances; or

      (c) the failure of the worker to take wages or to apply therefor.

       

      (7) If the Labour Court, while hearing any application under this section, is satisfied that such application is malicious or vexatious, the Court may impose a fine on the applicant of an amount not exceeding taka 200 (two hundred) and direct to pay the same to the employer or the person responsible for the payment of wages.

       

      Court fees for application under section 132

       

      Sec.133. Court fees for application under section 132.

       

      (1) For any application under section 132, the applicant shall not be liable to pay any court fees other than the fees payable for service of summons.

       

      (2) If the applicant succeeds in the case, the Labour Court shall calculate the amount of court fees payable for this case which would have been payable if the application were a plaint in a civil suit for recovery of money, and direct the employer or the person responsible for payment of wages under section 121 to pay such money.

       

      (3) If the money payable under sub-section (2) is not recovered within the time specified by the Labour Court, it shall be recoverable as a public demand.

       

      Single application for realization of claims on behalf of the workers who are not paid wages or whose wages is deducted

       

      Sec.134. Single application for realization of claims on behalf of the workers who are not paid wages or whose wages is deducted.

       

      (1) A single application only may be presented under section 132 on behalf of all or more than one worker who were not paid wages or whose wages were deducted, and in such a case compensation shall be payable under section 132(5).

       

      (2) The Labour Court may treat, all the separate applications submitted by more than 1 (one) worker under section 132 belonging to the group of workers who are not paid wages as a single application, and may accordingly dispose of them as a single application and the provisions of sub-section (1) shall apply in such case. (3) For the purpose of this section, "the group of workers who are not paid wages" shall include only the workers who are employed in the same establishment, and whose unpaid wages or delayed wages are for the same wage-period.

       

      Appeal

       

      Sec.135. Appeal.

       

      (1) An appeal against an order passed by the Labour Court under section 132 may be preferred within 30 (thirty) days of the date on which the order was passed before the Tribunal.

       

      (2) Notwithstanding anything contained in sub-section (1), no appeal by the employer or the person responsible for the payment of wages shall be preferred, if the total sum directed to be paid by way of wages or compensation does not exceed 1000 (one thousand) taka, and no appeal by any worker or, if he has died, by any of his heirs, or by his legal representative shall be preferred, if the total amount of wages claimed does not exceed 500 (five hundred) taka.

       

      (3) No appeal shall be preferred by the employer or any person who is responsible to pay wages, unless the memorandum of appeal is accompanied by a certificate of the Labour Court to the effect that the appellant has deposited the money with the Labour Court against the order of payment of which the appeal is preferred. 

       

      (4) Save as provided in the case of appeal under this section, all other orders passed by the Labour Court under section 132 shall be final.

       

      (5) The provisions of section 5 of the Limitation Act, 1908 (Act No. IX of 1908) shall also apply to the appeals under this section.

       

      Conditional attachment of property of the employer or any other person responsible for payment of wages

       

      Sec.136. Conditional attachment of property of the employer or any other person responsible for payment of wages.

       

      (1) Where at any time

      (a) after submission of an application under section 132, the Labour Court; or

      (b) after preferring an appeal by a worker under section 135, the Tribunal; is satisfied that the employer or any other person responsible for the payment of wages under section 121 is likely to evade the payment of money directed to be paid under section 132 or 135, such Court or, as the case may be, the Tribunal, after giving the employer or the person an opportunity of being heard, may attach his property for the payment of money so directed to be paid:

       

      Provided that if there is possibility of defeating the purpose for the cause of delay, the said Court or Tribunal, before giving the opportunity of being heard, may pass such order of attachment:

       

      Provided further that such amount of property may be attached, which, in the opinion of the Labour Court or the Tribunal, is sufficient to satisfy the amount directed to be paid.

       

      (2) The provisions of the Code of Civil Procedure, 1908 (Act No. V of 1908), regarding attachment of property before trail, shall apply to the attachment under sub-section (1).

       

      Recovery of money from the employer in certain cases

       

      Sec.137. Recovery of money from the employer in certain cases.

       

      Where the Labour Court or the Tribunal is unable to recover any money, ordered to be paid, from any other person responsible for the payment of wages under section 121, the Court may recover the money from the employer.

       

      CHAPTER XIII TRADE UNIONS AND INDUSTRIAL RELATIONS

       

      Definition of Worker

       

      Sec.175.Special definition of worker.

      In this Chapter, unless there is anything repugnant in the subject or context, ‘worker’ means a worker as defined in section  2 (65), and includes, for the purpose of any proceedings under this Chapter in relation to an industrial dispute, a worker who has been laid off, retrenched, discharged, dismissed or otherwise removed from employment in connection with or as a consequence of such dispute or whose lay-off, retrenchment, discharge,  dismissal, or removal has led to that dispute; but does not include a member of the watch and ward or security staff, fire-fighting staff and confidential assistant of any establishment.

       

      Trade union

       

      Sec.176. Trade union of workers and employers.

      Subject to the provisions of this Chapter,

      (a) all workers shall, without distinction whatsoever, have the right to form trade union primarily for the purpose of regulating the relations between workers and employers, or between workers and workers and, subject to the constitution of the union concerned, to join trade union of their own choice;

      (b) all employers shall, without distinction whatsoever, have the right to form trade union primarily for the purpose of regulating the relations between employers and workers, or between employers and employers and, subject to the constitution of the union concerned, to join trade union of their own choice; 

      (c) the trade unions of workers and those of employers shall have the right to form and join federations and any such union or federation shall have the right to affiliate with any international organisation or confederation of organizations of workers or employers; and

      (d) the trade unions and the employers’ associations shall have the right to make their own constitution and rules, to elect their own representatives with full independence, to organize their administration and activities and to formulate their programmes1;

      [(e) in an establishment where a trade union shall be formed, if 20% (twenty percent) of the total working force or members are women, the union executive committee shall have at least 10% (ten percent) women members:

       

      Provided that the union registered under this Act shall be controlled by this Act.]

       

      Application for registration

       

      Sec.177. Application for registration.

       

      [(1)] Any trade union may, under the signatures of its Chairman and Secretary, apply for registration to the Registrar of the Trade Union of the concerned area under this Chapter.

      [(2) The Registrar of Trade Unions mentioned in sub-section (1) shall mean the Director of Labour or any representative authorized by him in this behalf.]

       

      Requirements for application

       

      Sec.178. Requirements for application.

      (1) An application for registration of a trade union shall be made to the Director of Labour or to the officer authorized in this behalf.

      (2) The application shall be accompanied by the following particulars, namely:

      (a) a statement providing the following information, namely:

      (i) the name of the trade union and the address of its head office, 

      (ii) the date of formation of the trade union, 

      (iii) the 5[names, father’s and mother’s names,] ages, addresses, occupations and the posts in the union of the officers of the trade union, 

      (iv) a statement of all members paying subscriptions, 

      (v) the name of the establishment to which the trade union relates and the total number of workers employed or working therein;

      (vi) in case of a federation of trade unions, the names, addresses and registration numbers of its member-unions;

       

      (b) three (3) 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 authorizing its Chairman and Secretary to apply for its registration; and

      (d) in case of a federation of trade unions, a copy of the resolution by each of the constituent unions agreeing to become a member of the federation.

      [(3) The Director of Labour or the officer authorized in this behalf shall,  on receipt of the registration of a trade union for a group of establishments under sub-section (1), issue a public notice containing a copy thereof and a list of the office-bearers of the union at the expenses of the applicant.] 

       

      Requirements for registration

       

      Sec.179. Requirements for registration.

      (1) A trade union shall not be entitled to registration under this Chapter, unless its constitution provides for the following matters, namely:

      (a) the name and address of the trade union;

      (b) the purpose of the formation of the trade union;

      (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 description of the purposes for which such fund shall be utilized;

      (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 any member;

      (f) the maintenance of the list of the members of the trade union and adequate facilities for inspection thereof by its officers and members;

      (g) the manner in which the constitution may be amended,   varied or rescinded;

      (h) the safe [maintenance] of the funds of trade union, its annual audit, the manner of audit, and adequate facilities for inspection of the books of account by the officers and members of the trade union;

      (i) the manner of dissolution of the trade union;

      (j) the manner of election of officers of the trade union by its general members and the term of the officers which shall not, in any way, be more than 2 (two) years [and, in the case of group of establishments, the term of office of the officers shall not be more than 3 (three) years:

       

      Provided that if no election is held within 2 (two) years in the case of trade union or within 3 (three) years in the case of group of establishments for state emergency, force majeure or similar other reasons, the committee constituted as above shall not be declared illegal;]

      (k) the number of the officers which shall not be less than 5 (five) and not more than 35 (thirty-five) as may be prescribed by rules;

      (l) the manner of expressing no confidence against the officers of the trade union; and

      (m) the meetings of the executive committee and of the general members of the trade union which shall be, in the case of the executive committees, at least once in every 3 (three) months, and, in the case of the general members, 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 30% (thirty percent) of the total number of workers employed in the establishment in which it is formed:

      Provided that where more than one establishments under the same employer are allied to and connected with one another for the purpose of carrying out the same industry, they shall irrespective of their place of situation, be deemed to be one establishment for the purpose of this sub-section.

      [(2a) The Director of Labour or the officer authorized in this behalf shall verify the correctness of the particulars mentioned in sub-clause (v) of clause (a) of sub-section (2) of section 178 and in this section by visiting the establishment concerned or by collecting the list from the establishment authority.]

       

      (3) Where any doubt or dispute arises as to whether two or more establishments are under the same employer, or whether they are allied to and connected with one another for the purpose of carrying out the same industry, the matter may be referred to the Director of Labour for settlement.

      (4) Any person aggrieved by the decision of the Director of Labour under subsection (3), may, within 30 (thirty) days of the date of decision, prefer an appeal to the Labour Court, and the decision of the Labour Court in this matter shall be final.

      (5) [No registration shall be provided to more than 3 (three) trade unions] at any time in an establishment or group of establishments.

       

      Disqualifications from being a trade union officer or member

       

      Sec.180. Disqualification for being an officer or a member of a trade union.

       

      (1) Notwithstanding anything contained in the constitution of a trade union, a person shall be disqualified for election as, or for being, an officer or a member of a trade union who

      (a)  has been convicted of a criminal offence involving moral turpitude or of an offence under section 196 (2) (d) or section 298 and unless a period of 2 (two) years has elapsed since his release;

      (b) is not employed or working in the establishment in which the trade union is formed:

       

      [Provided that in the case of the nationalized industrial sector, the members of a union may, if they desire, elect 10% (ten percent) of the total officials of the executive committee of that union from amongst the persons who are not working in the concerned establishment.] 

      (2) Nothing is sub-section (1) (b) shall apply to any federation of trade unions.

       

      Maintenance of registers

       

      Sec.181. Registered trade unions to maintain register, etc.

      Every registered trade union shall maintain the following registers or books in such form as may be prescribed by rules, namely:

      (a) a register of members, which shall contain the particulars of subscriptions paid by each member;

      (b) an accounts book, in which the receipts and expenditure shall be shown; and

      (c) a minute book, in which all kinds of minutes shall be recorded.

       

      Registration of trade union

       

      Sec.182. Registration.

      (1) The Director of Labour shall, on being satisfied that a trade union has complied with all the requirements of this Chapter, register that trade union in the register prescribed by rules and shall issue a registration certificate in the form prescribed by rules, within a period of 60 (sixty) days from the date of receipt of the application for registration.

      (2) If the Director of Labour finds the application to be deficient in any material respect, he shall communicate in writing his objection regarding thereto to the trade union within a period of 15 (fifteen) days of the receipt of the application, and the trade union shall reply thereto within a period of 15 (fifteen) days of the receipt of objection.

      (3) When the objection raised by the Director of Labour is satisfactorily met, he shall register the trade union as provided in sub-section (1); and if the objection is not satisfactorily met, he shall reject the application.

      (4)  Where the Director of Labour rejects any application or after meeting the objection does not dispose of an application within a period of 60 (sixty) days as referred to in sub-section (1), the trade union concerned may, within a period of 30 (thirty) days from the date of such rejection or the date of expiry of such period, whichever is earlier, prefer an appeal to the Labour Court.

      (5) Where, after hearing the appeal, the Labour Court thinks proper, it may, for reasons to be stated in its judgment, pass an order directing the Director of Labour to register the trade union and to issue a certificate of registration within a period of 7 (seven) days from the date of registration or may dismiss the appeal.

      (6) Any party aggrieved by the judgment of the Labour Court under subsection (5) may prefer an appeal to the Labour Appellate Tribunal within 30 (thirty) days from the date of receipt of the order of the Labour Court.

       

      Registration of trade unions in a group of establishments

       

      Sec.183. Registration of trade unions in a group of establishments.

      (1) Notwithstanding anything contained in this Chapter, for the purpose of formation of a trade union any group of establishments shall be treated as one establishment, and no separate trade union shall be formed in any establishment included in such group of establishments.

      (2) For the purposes of this section “a group of establishments” shall mean all the establishments in a specified area carrying on the same specified industry where more than 20 (twenty) workers are employed.

      (3) Notwithstanding anything contained in sub-section (2), all the establishments, irrespective of the number of workers employed therein, in a specified area carrying on any of the following industries shall be deemed to be a group of establishments for that area, namely:

      [(a) bus, minibus, truck, covered van, etc. private motorized road transport;

       

      (aa) rickshaw, rickshaw-van, hand-cart, etc. private non-motorized road transport;]

       

      (b) private inland river transport;

      (c) tailoring and garments manufacturing industry wherein not more than 100 (one hundred) workers are employed;

      (d) tea industry;

      (e) jute bailing;

      (f) tannery industry;

      (g) bidi;

      (h) handloom;

      (i) hosiery;

      (j) printing press;

      (k) hotels or motels where number of guest rooms does not exceed  25 (twenty five);

      (l) restaurant not forming part of a hotel;

      (m) small-scale metal industry;

      (n) book-binding;

      (o) cinema and theatre;

      [(p) ship building;

      (q) ship recycling;

      (r) construction worker;

      (s) chatal or rice mill worker;

      (t) agricultural farm:]

       

      Provided that the Government may, if it deems fit in the national interest, by notification in the official Gazette, add any industry to the above list of industries.

       

      (4) The specified area as mentioned in sub-section (2) or (3) shall mean such area as may be specified by the Government, by notification in the official Gazette, for any specified industries; and such area may be specified at national, regional or local level; and different areas may be specified for different industries.

       

      (5) The specified industries as mentioned in sub-section (2), shall mean such industries as the Government may, by notification in the official Gazette, specify for the purpose.

       

      (6) A trade union formed in a group of establishments may be registered, if it has members not less than thirty percent of the total number of workers employed in all establishments included in such group of establishments.

       

      (7) Notwithstanding anything contained in this Chapter, if the constitution of any trade union formed in a group of establishments provides that a person who is not employed in an establishment included in the said group of establishments shall be entitled to be, or to be elected, an officer of that trade union, any such person may be elected, or continue to be, an officer of that union:

      Provided that the number of such persons shall not in any case be more than ¼ (one fourth) of the total number of its officers.

       

      (8) Subject to the provisions of this section, all other sections of this Chapter shall apply to a trade union formed in a group of establishments as they apply to a trade union formed in an independent establishment.

       

      Registration of trade union in civil aviation establishments

       

      Sec.184. Registration of trade union in civil aviation establishments.

      (1) Notwithstanding anything contained in this Chapter, where any recognized international organisation exists in respect of any specialized occupation or service in the field of civil aviation, the workers employed in such occupation or service may form trade union of their own in the civil aviation in Bangladesh, if such trade union is necessary for affiliation with such international organization.

      (2) The workers employed in every such occupation or service in a civil aviation establishment may form only one trade union.

      (3) No such trade union shall be registered unless more than half of the total number of workers employed in the occupation or service concerned applies in writing for such registration stating the name of the international organization with which it shall be affiliated.

      (4) The registration of such trade union shall be liable to be cancelled if it is not affiliated to the international organisation concerned within 6 (six) months of its registration or if any time ceases its affiliation with that organization.

       

      Registration of trade union of seamen

       

      Sec.185. Registration of trade union of seamen.

      (1) Notwithstanding anything contained in this Chapter, Bangladeshi seamen ordinarily serving in oceangoing ships may form trade union of their own.

      (2) No seaman shall be a member of such trade union unless he has a continuous discharge certificate or an appointment letter showing his employment as a seaman in any establishment of merchant shipping business.

      (3)  Only 1 (one) trade union of seamen shall be formed under this Chapter.

       

      Registration of trade union in Chittagong Port Authority and Monlga Port Authority, etc.

       

      [Sec.185A. Registration of trade union in Chittagong Port Authority and Monlga Port Authority, etc.

      (1) Notwithstanding anything contained in this Chapter, the employees in the service of the Chittagong Port Authority and the Mongla Port Authority may form their own trade union.

       

      (2) The employees employed in the Chittagong Port Authority and the Mongla Port Authority may form only one trade union in their respective authority.

       

      (3) Subject to the provisions of sub-section (5), the workers and employees employed in the work with appointment letter given by the users of the Chittagong Port and the Mongla Port, berth-operators, ship handling operators and other establishments related to the ports may collectively form only one trade union in their respective port.

       

      (4) The employers of workers in the Chittagong Port Authority and the Monlga Port Authority may collectively form only one trade union in their respective Authority.

       

      (5) No worker or employee shall be a member of a trade union under subsection (3), unless

       

      (a) he has been employed for a continuous period of more than 1 (one) year in any port user, berth operator, ship handling operator and other establishments related to the port; and

      (b) he has a letter of appointment as a worker or employee.

       

      (6) The trade union shall be formed pursuant to this section within 6 (six) months of the commencement of the Bangladesh Labour (Amendment) Act, 2009.

       

      (7) All existing trade unions formed for the employers of workers, and for the appointed employees in the Chittagong Port Authority and the Mongla Port Authority and for other employers, workers and employees related with the port activities shall stand dissolved upon the formation of trade union under this section or with the expiry of 6 (six) months as mentioned in sub-section (6).

       

      (8) Notwithstanding anything contained in any other section of this Act, the Government may, in the public interest,

      (a) subject to the other provisions of this Act, control in any manner the activities of the trade union formed under this section; and

      (b) take measures to cancel the registration of any trade union under section 190.]

       

      Pending registration

       

      Sec.186. Conditions of service shall remain unchanged while application for registration is pending.

      (1) No employer shall, while an application for registration of a trade union formed in his establishment is pending, alter the terms and conditions of service of any officer of that union, without prior permission of the Director of Labour, to the disadvantage of such officer.

      (2) Notwithstanding anything contained in section 26, no employer shall, while an application for registration of a trade union is pending, terminate the employment of any worker under that section who is a member of such trade union.

       

      Non-transfer of officers

       

      Sec.187. Chairman and certain officers not to be transferred.

      The Chairman and any officer including, [General Secretary or any other officer] of any trade union shall not be transferred from one district to another without their consent.

       

      Changes in the constitution and executive committee

       

      Sec.188. Notice in the cases of certain changes in the constitution and executive committee.

      (1) Every amendment made in the constitution of a trade union, every change among its officers, and change in its name and address shall be communicated to the Director of Labour by a notice sent by registered post or delivered by hand, within 15 (fifteen) days of such amendment or change, and the Director of Labour shall after receipt of such notice forthwith send a copy thereof to the employer concerned for his information.

      (2) The Director of Labour may refuse to register any such amendment or change if it is made in contravention of any provision of this Chapter or of the constitution of the trade union.

      (3) Every inclusion or exclusion of any constituent unit of a federation of trade unions shall be communicated to the Director of Labour by a notice sent to him by registered post, within 60 (sixty) days of such inclusion or exclusion.

      (4) If there is any dispute in relation to the change of officers of a trade union, or any trade union is aggrieved by the order of refusal of the Director of Labour under sub-section (2), any officer or member of such trade union may prefer an appeal to the Labour Court.

      (5) The Labour Court may, after hearing the appeal within 7 (seven) days of receipt thereof under sub-section (4), if it thinks proper, pass an order, for reasons to be recorded in writing, directing the Director of Labour to register the amendment or change in the constitution or among the officers of the trade union or to hold fresh election of the union under his supervision.

       

      Certificate of registration

       

      Sec.189. Certificate of registration.

      The Director of Labour, on registering a trade union under section 182, shall issue a certificate of registration in the form prescribed by rules and such certificate shall be conclusive evidence that the concerned trade union has been duly registered under this Chapter.

       

      Cancellation of registration

       

      Sec.190. Cancellation of registration.

      (1) Subject to other provisions of this section, the Director of Labour may cancel the registration of a trade union, if

      (a) the trade union applies for cancellation of registration;

      (b) it ceased to exist;

      (c) it obtained registration by fraud or by misrepresentation of facts;

      (d) it contravened any of the basic provisions of its constitution;

      (e) it committed any unfair labour practice;

      (f) its membership has fallen short of the number of membership required under this Chapter; or

      (g) it contravened any provision of this Chapter or the rules.

      (2) Where the Director of Labour is satisfied on enquiry that the registration of a trade union should be cancelled, he shall submit an application to the Labour Court praying for permission to cancel such registration.

      (3) The Director of Labour shall cancel the registration of a trade union within 30 (thirty) days from the date of receipt of the permission from the Labour Court.

      (4) The registration of a trade union shall not be cancelled on the ground mentioned in sub-section (1) (e), unless an application is submitted to the Labour Court within 3 (three) months of the occurrence of unfair labour practice by such trade union mentioned in the allegation.

       

       

       

       

      Appeal against permission

       

       

       

      Sec.191. Appeal against permission, etc.

      (1) Any person aggrieved by the order of the Labour Court granting the permission to cancel registration of a trade union or rejecting such prayer for permission under section 190 or by the order of cancellation of the registration of a trade union by the Director of Labour under that section may, within 30 (thirty) days from the date of the order, prefer an appeal to the Tribunal and the decision of the Tribunal thereon shall be final.

      (2) Where an appeal is preferred under sub-section (1), the trade union concerned shall be permitted to function till the disposal of appeal.

       

       

      Sec.192. No trade union to function without registration

      (1) If a trade union is not registered or its registration is cancelled, it shall not, subject to the provisions of section 191(2), function as a trade union.

      (2) No person shall collect any subscription, other than enrollment fee for membership, for the fund of a trade union mentioned in sub-section (1).

       

      Incorporation of registered trade union

       

      Sec.194. Incorporation of registered trade union

      (1) Every registered trade union shall be a body corporate by the name under which it is registered, and it shall have perpetual succession and a common seal, and shall have power to enter into contract and to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue or be sued.

      (2) The Societies Registration Act, 1860 (Act XXI of 1860), the Co-operative Societies Ordinance, 1985 (Ordinance No. I of 1985) and the Companies Act, 1994 (Act No. XVIII of 1994) shall not apply to any registered trade union, and the registration of any trade union under any of these Acts shall be void.

       

      Employers’ unfair labor practices

       

      Sec.195. Unfair Labour practices on the part of the employers.

      No employer or the trade union of employers or any person acting on their behalf shall

      (a) impose any condition in a contract of employment restraining the right of the worker concerned to join a trade union or continue his membership of a trade union ;

      (b) refuse to employ or refuse to keep in employment any worker on the ground that such worker is, or is not, a member or officer of a trade union;

      (c) discriminate against any worker in regard to any employment, promotion, conditions of employment or working conditions on the ground that such worker is, or is not, a member or officer of a trade union;

      (d) dismiss, discharge or remove any worker from employment or threaten to do so, or threaten to do any harm to his employment by reason that he is, or proposes to become, or persuades any other person to become, a member or officer of a trade union, or that he participates in the formation, activities and expansion of a trade union;

      (e) induce any worker or any other person to refrain from becoming a member or officer of a trade union or to quit such post, by conferring or offering to confer any advantage or by procuring or offering to procure any advantage for him;

      (f) compel or attempt to compel any officer of the collective bargaining agent to arrive at a settlement or to sign a memorandum of settlement by intimidation, coercion,  pressure, threat, confinement to a place, physical injury, disconnection of water, power and telephone facilities or by any other means;

      (g) interfere with or in any way influence the election held under section 202;

      (h) recruit any new worker during the continuance of strike under section 211 or during the continuance of strike which is not illegal, except where the Arbitrator is satisfied that the complete cessation of work is likely to cause serious damage to the machinery or any other installation, he may permit temporary employment or a limited number of workers, in the department or section of the establishment where the damage is likely to occur;

      (i) deliberately fail to take measures recommended by the participation committee;

      (j) fail to give reply to any communications made by the collective bargaining agent in respect of any industrial dispute;

      (k) transfer the Chairman, general secretary, organizing secretary or treasurer of any trade union in contravention of the provisions of section 187; or

      (l) commence or continue or instigate others to take part in any illegal lock-out.

       

       

      Workers’ unfair labor practices

       

      Sec.196. Unfair Labour practices on the part of workers.

      (1) No worker shall engage himself in any trade union activities during his working hour without the permission of his employer:

       

      Provided that nothing in this sub-section shall apply to the trade union activities of the Chairman or the General Secretary of the collective bargaining agent of an establishment, if such activities relate to any committee, negotiation, arbitration, mediation or any other proceeding under this Act, and the employer has been duly informed thereof.

       

      (2) No worker or a trade union of workers or any person acting on behalf of such trade union shall

      (a) intimidate any worker to become or not to become a member or officer of a trade union or to continue in or to refrain from such post;

      (b) induce any worker or any other person to refrain from becoming a member or officer of a trade union or to quit such post by conferring or offering to confer any advantage or by procuring or offering to procure any advantage for him;

      (c) compel or attempt to compel any worker to pay or refrain from paying any subscription to the fund of any trade union by intimidation, coercion, pressure, threat, confinement to a place, physical injury, disconnection of telephone, water or power facilities or by any other means;

      (d) compel or attempt to compel the employer to sign a memorandum of settlement or to accept or agree to any demand by  intimidation, coercion, pressure, threat, confinement to or eviction from a place, dispossession, assault, physical injury, disconnection of water, power or telephone facilities or by any other means;

      (e) commence or continue an illegal strike or a go-slow; or instigate others to take part in it; or

      (f) resort to gherao, obstruction to transport or communication system or destruction of any property in furtherance of any demand or object of a trade union.

       

      (3) It shall be an unfair practice for a trade union to interfere in the election held under section 202 by the exercise of undue influence, intimidation, impersonation or bribery through the officer of that trade union or any other person acting on its behalf.

       

       

      Limited application of law of conspiracy

       

      Sec.197. Limited application of law of conspiracy.

      No officer or member of a trade union or a collective bargaining agent shall be liable to punishment under section 120B(2) of the Penal Code, 1860 (XLV of 1860) in respect of any agreement made between the members thereof for the purpose of furthering any such object of the trade union as is specified in its constitution referred to in section 179, unless the agreement is an agreement to commit an offence, or otherwise it violets any law or provision other than the provisions of this Chapter. 198.  Immunity from civil suit in certain cases.

       

      (1) No suit or other legal proceedings shall lie against any trade union or collective bargaining agent or its any officer or member in respect of any act done or action taken in contemplation or furtherance of an industrial dispute to which the trade union is a party on any of the following grounds only, namely:

      (a) such act or action induces any person to break a contact of employment;

      (b) such act  or action interferes with the trade, business or employment of some other person; or

      (c) such act or action fails the right of any person to apply his capital or labour at his discretion.

       

      (2) A trade union shall not be liable in any suit or other legal proceedings in any civil Court in respect of any tortuous act done in contemplation or furtherance of an industrial dispute by an agent of the trade union, if it is proved that such agent acted without the knowledge of or contrary to the clear instructions of the executive committee of the trade union.

       

       

      Enforceability of agreement

       

      Sec.199. Enforceability of agreement.

      Notwithstanding anything contained in any other law, an agreement between the members of a trade union shall not be void or violable by reason only that any of its objects is a restraint for any trade and commerce:

      Provided that nothing in this section shall enable any civil Court to entertain any legal proceedings instituted for the purpose of enforcing, or recovering damages for the breach of, any agreement concerning the conditions on which any member of a trade union shall sell or shall not sell his goods, transact or not transact business, or do or not do any work, or render or not render any service.

       

       

      Registration of federation of trade unions

       

      Sec.200. Registration of federation of trade unions.

      (1) [Five or more trade unions] formed in the establishments engaged in or carrying on the same or identical industry [and the trade union organizations of more than one administrative division] may, if in their general meetings so resolved, constitute a federation by executing a deed of federation and apply for its registration:

       

      Provided that a trade union of workers shall not join in a federation of trade union of employers and a trade union of employers shall not join in a federation of trade union of workers.

      (2) The deed of federation referred to in sub-section (1) shall, among other things, provide for the procedure to be followed by the federated trade unions and rights and responsibilities of the federation and the federated trade unions.

       

      (3) An application for the registration of a federation of trade unions shall be signed by the Chairman and General Secretary of all the trade unions constituting the federation and shall be accompanied by three copies of the deed of federation referred to in sub-section (1).

       

      (4) Subject to the provisions of this section, the provisions of this Chapter shall apply to a federation of trade union as they apply to a trade union.

       

      (5) Notwithstanding anything contained in the foregoing sub-sections of this section, at least twenty trade unions registered in the case of more than one industry 3[and the trade union organizations of more than one administrative division] may jointly or by joining themselves constitute a federation of trade unions on national level.

       

      [(6) At least ten national based trade union federations constituted under the provisions of sub-section (5) may, by joining themselves together, constitute a national based confederation.]

       

       

      Returns

       

      Sec. 201.  Returns.

      (1) After the end of a Gregorian calendar year, by the 30th April of the following year, a general statement, prepared and audited in the manner prescribed by rules, of all receipts and expenditure and of the assets and liabilities of a trade union during the preceding calendar year shall be sent to the Director of Labour.

       

      (2) A statement showing all changes of officers in the trade union during the year to which the general statement refers and a copy of the constitution of the trade union corrected up to the date shall with the said general statement, be sent to the Director of Labour.

       

      (3) If a registered trade union fails to send the said general statement within the period specified in sub-section (1), the Director of Labour shall, by a notice, inform it thereof, and if the trade union fails to submit the general statement within 30 (thirty) days of the receipt of such notice, its registration may be cancelled.

      (4) If any trade union is a member of a federation, the name of that federation shall be given in the said general statement.

       

      Collective bargaining agent

       

      Sec. 202. Collective bargaining agent.

      (1) Where there is only one trade union in an establishment, the trade union shall be deemed to be the collective bargaining agent for such establishment.

       

      (2) Where there are more than one trade unions in an establishment [the unions shall, by nominating an election commissioner from amongst themselves, take steps for election of a collective bargaining agent (CBA) or] the Director of Labour shall, upon an application made in this behalf by any such trade union or by the employer, hold a secret ballot, within a period of 120 (one hundred and twenty) days from the date of receipt of such application, to determine as to which trade union shall be the collective bargaining agent for the establishment.

       

      (3) Upon receipt of an application under sub-section (2), the Director of Labour shall, by a notice in writing, call upon all trade unions of the establishment to let him know, within such time, not exceeding 15 (fifteen) days, as may be specified in the notice, whether or not they shall contest in a secret ballot.

       

      (4) If a trade union fails to inform the Director of Labour within the time specified in the notice given under sub-section (3), of anything as to its contest in the secret ballot, it shall be presumed that it shall not contest in such ballot.

       

      (5) If no trade union inform the Director of Labour within the time specified in the notice of anything as to its contest in the secret ballot, the trade union which has made the application under sub-section (2), shall be declared to be the collective bargaining agent for that establishment, if not less than 1/3(one-third) of the total number of workers employed in the establishment are members of that trade union.

       

      (6) Every employer shall, on being so required by the Director of Labour, submit to him a list of all the workers, except substitute and casual workers, employed in his establishment for not less than a period of 3 (three) months, and the list shall contain the following particulars, namely:

       

      (i) the name of every worker;

      (ii) the names of his father and mother and age (the name of spouse, if applicable, shall also be given);

      (iii) the name of his branch or department;

      (iv) the name of his work place;

      (v) the number of his ticket and date of employment.

       

      (7) On being so required by the Director of Labour, every employer shall supply requisite number of additional copies of the list mentioned in sub-section (6) and shall provide necessary facilities for verification of the list so submitted.

       

      (8) On receipt of the list of workers from the employer, the Director of Labour shall send a copy of the list to each contesting trade union and shall affix a copy thereof in a conspicuous place of his office and another copy in a conspicuous place of the establishment concerned together with a notice inviting objections to the list, if any, to be submitted to him within such time as may be specified therein.

       

      (9) If the Director of Labour receives any objection within the specified time, he shall dispose of it after holding necessary enquiry.

       

      (10) The Director of Labour shall make such necessary amendment or alteration in the list of workers submitted by the employer as may be required by any decision given by him under sub-section (9).

       

      (11) After any amendment or alteration made under sub-section (10), or where no objection is received by the Director of Labour within the specified time, after expiry of such time, he shall prepare a final list of workers employed in the establishment concerned and duly certify it and send copies thereof to the employer concerned and every contesting trade union at least 7 (seven) days prior to the date fixed for poll.

       

      (12) The list of workers prepared and certified under sub-section (11) shall be deemed to be the list of voters, and the worker whose name appears in that list shall be entitled to vote in the poll to determine the collective bargaining agent.

       

      (13) Every employer shall provide all such facilities in his establishment as may be required by the Director of Labour for the conduct of the poll, but shall not interfere with, or in any way influence the voting.

       

      (14) No person shall canvas for vote within 45 (forty five) metres of the polling stations.

       

      (15) For the purpose of holding secret ballot to determine the collective bargaining agent, the Director of Labour shall

      (a) fix the date for the poll, and communicate it to every contesting trade union and the employer;

      (b) set up ballot boxes for voting in every polling station on the date fixed for the poll and seal it in the presence of the representatives of the contesting trade unions if any;

      (c) conduct the poll at the polling station and facilitate the representatives of the contesting trade unions to present at that station;

      (d) after the conclusion of the poll, open the ballot boxes in the presence of the representatives of the contesting trade unions, if they are present, and count the votes; and

      (e) after the conclusion of counting votes, declare the trade union which has received the highest number of votes to be the collective bargaining agent:

       

      Provided that no trade union shall be declared to be the collective bargaining agent, unless the number of votes received by it is less than one-third of the total number of workers employed in the establishment concerned.

       

      (16) Where a trade union is declared to be the collective bargaining agent for an establishment under sub-section (15)(e), it shall be the collective bargaining agent for that establishment for 2 (two) years from the date of such declaration, and no application for the determination of a new collective bargaining agent for such establishment shall be entertained during this period:

       

      Provided that in the case of a group of establishments, the duration of a collective bargaining agent shall be of 3 (three) years.

       

      (17) Notwithstanding anything contained in sub-section (16), where a trade union desires to be the next collective bargaining agent for an establishment after the expiry of the term of an existing collective bargaining agent, or where an existing collective bargaining agent desires to continue as such for the next term also, it may make an application to the Director of Labour, not earlier than 150 (one hundred and fifty) days and not later than 120 (one hundred and twenty) days immediately before the expiry of the term of the existing collective bargaining agent, to hold a secret ballot to determine the next collective bargaining agent for the establishment.

       

      (18) Where an application is made under sub-section (17), a secret ballot to determine the next collective bargaining agent shall be held within 120 (one hundred and twenty) days from the date of receipt of such application, but the trade union declared to be the next collective bargaining agent on the basis of the result of the poll shall be the collective bargaining agent from the date of expiry of the term of the existing collective bargaining agent.

       

      (19) Where after receiving an application under sub-section (17), the next collective bargaining agent for an establishment could not be determined before the expiry of the tenure of the existing collective bargaining agent, due to reasons beyond the control of the Director of Labour, the existing collective bargaining agent shall continue to function as the collective bargaining agent in that establishment till the new collective bargaining agent is determined.

       

      (20) Where no application is received under sub-section (17), the Director of Labour shall declare the date of new election within 120 (one hundred and twenty) days following the expiry of the tenure of the existing collective bargaining agent, and the existing collective bargaining agent shall continue to function as collective bargaining agent for the concerned establishment for the interim period.

      (21) Any dispute arising out of any matter in relation to an election for determination of collective bargaining agent shall be referred to the Labour Court, and the decision of the Court thereon shall be final.

       

      (22) If in an election for determination of collective bargaining agent any contesting trade union gets less than ten percent of the total votes cast, the registration of such trade union shall stand cancelled.

       

      (23) A collective bargaining agent may, without prejudice to its own position, plead any federation of trade unions, of which it is a member, as a party to any proceeding under this Chapter to which it itself is a party.

       

      (24) A collective bargaining agent in relation to an establishment to which it relates shall be entitled to

      (a) bargain with the employer in matters of the state of jobless, conditions of work or environment of work of the workers;

      (b) represent all or any of the workers in any proceedings;

      (c) give notice of, and declare, a strike in accordance with the provisions of this Chapter;

      (d) nominate representatives of the workers in any welfare institution or provident fund and in the board of trustees of the workers participation fund established under Chapter XV; and

      (e) conduct cases on behalf of any individual worker or a group of workers under this Act.

       

      (25) The provisions of this section shall also apply to the election or determination of collective bargaining agent in a group of establishments declared under this Act.

       

      [(26) Every employer shall, in the manner prescribed by rules, allot an office room for the elected collective bargaining agent (CBA) in his establishment.]

       

      Appointment of specialists

       

      [Sec.202A. Appointment of specialists.

      (1) Notwithstanding anything contained in this Chapter, an employer or a collective bargaining agent (CBA) may, if he or it deems necessary for carrying out collective bargaining activities, take assistance from specialists.

      (2) If any objection is raised in respect of a specialist mentioned in sub-section (1), any party may request the Director of Labour for arbitration to settle the issue.]

       

       

      When Federation of trade unions an act as Collective bargaining agent

       

      Sec. 203.  Federation of trade unions to act as collective bargaining agent in certain cases.

       

      (1) Notwithstanding anything contained in this Chapter, a federation of trade unions shall be deemed to be the collective bargaining agent in any establishment or group of establishments, if any of its federated unions in that establishment, by a resolution passed in the meeting of its executive committee, authorizes it to act as the collective bargaining agent in that establishment on its behalf:

       

      Provided that no such authorization shall be permissible, unless the constitutions of the federation and of the federated union provides for such authorization.

       

      (2) A federation of trade unions shall act as the collective bargaining agent only in the establishment or group of establishments in which any of its federated union is a collective bargaining agent.

       

      (3) Nothing in this section shall apply in the case of a federation of trade unions on national level formed and registered under section 200(5).

       

       

      Check-off

       

      Sec. 204.  Check-off.

      (1) If the collective bargaining agent so requests, an employer shall deduct from the wages of the workers working in his establishment, who are members of that CBA union, such amounts towards their subscriptions to the fund of the CBA union as may be specified, with the approval of each individual worker named in the demand statement furnished by the CBA union and shall keep the sum so deducted separately.

       

      (2) An employer making any deduction from the wages under sub-section (1) shall deposit, within next 15 (fifteen) days, the entire amount so deducted in the account of the CBA union concerned.

       

       (3) The employer shall provide full facilities to the CBA concerned for ascertaining whether deductions from the wages of its members are being made under sub-section (1).

       

       

      Participation committee

       

      Sec. 205. Participation committee.

       

      (1) The employer of every establishment, in which at least 50 (fifty) workers are ordinarily employed, shall [ through direct involvement of the workers working in that establishment,] constitute a participatory committee in his establishment in the manner prescribed by rules.

       

      (2) Such committee shall consist of the representatives of the employer and the workers.

       

      (3) The number of representatives of workers in such committee shall not be less than the number of representatives of the employer.

       

      (4) The representatives of the workers shall be appointed on the basis of nomination given by the trade unions in the establishment.

       

      (5) Each trade union, other than the collective bargaining agent for the concerned establishment, shall nominate equal number of representatives and the collective bargaining agent shall nominate such number of representatives which shall exceed the total number of representatives nominated by the other trade unions by one.

       

      (6) In the case of an establishment where there is no trade union, the representatives of the workers in the participation committee shall be [elected] in the manner prescribed by rules from amongst the workers working in that establishment.

       

      [(6a) In an establishment where no trade union exists, the worker representatives of the participatory committee may carry out the activities related to the interests of the workers until a trade union is formed in that establishment.]

       

      (7) Where in an establishment there is a unit in which at least 50 (fifty) workers are employed, a unit participation committee may, on the recommendation of the participation committee, be constituted there in the manner prescribed by rules.

       

      (8) Such unit participation committee shall consist of the representatives of the employers and of the workers employed in or under that unit.

       

      [(9) An employer shall not transfer an elected or nominated officer or a member of the participatory committee belonging to the workers side during the tenure of the committee without his consent.

       

      (10) An employer shall not raise any objection or take any retaliatory measure against the workers’ representatives for anything done in good faith while carrying out the activities related to the duties of the committee.

       

      (11) The provisions of this section applicable to the participatory committee shall, as far as possible, also apply to the unit participatory committee.]

       

       

       

       

       

      Functions of the participation committee

       

       

       

      Sec. 206. Functions of the participation committee.

      (1) The main function of the participation committee shall be to inculcate and develop sense of belonging to the establishment among the workers and employers and to aware the workers of their commitments and responsibilities to the establishment, and, in particular

       

      (a) to endeavour to promote mutual trust and faith, understanding and co-operation between the employers and the workers;

      (b) to ensure the application of labour laws;

      (c) to foster a sense of discipline and to improve and maintain safety, occupational health and working condition;

      (d) to encourage vocational training, workers’ education and family welfare training;

      (e) to adopt measures for improvement of welfare services for the workers and their families; and

      (f) to fulfill production target, increase productivity, reduce production cost, prevent wastage and raise quality of products.

       

      (2) A unit participation committee shall, under the supervision of the principal participation committee, discharge, as far as practicable, the functions mentioned in sub-section (1).

       

       

      Meetings of the participation committee

       

      Sec.  207. Meetings of the participation committee.

       

      (1) The participation committee shall meet at least once in every 2 (two) months to discuss and exchange views and recommend measures for performance of the functions under section 206.

       

      (2) The minutes of every meeting of the participation committee shall be submitted to the Director of Labour and the Arbitrator within 7 (seven) days of the date of the meeting.

       

      CHAPTER XIV SETTLEMENT OF DISPUTE, LABOUR COURT, LABOUR APPELLATE TRIBUNAL, LEGAL PROCEEDINGS, ETC.

       

      Industrial Dispute

       

      Sec. 209. Raising of industrial dispute.

      No industrial dispute shall be deemed  to exist, unless it is raised by an employer or by a collective bargaining agent in accordance with the provisions of this Chapter.

       

      Settlement of industrial dispute

       

      210. Settlement of industrial dispute.

       

      (1) If at any time an employer or a collective bargaining agent finds that an industrial dispute is likely to arise between the employer and the workers, the employer or the collective bargaining agent shall communicate his or its views in writing to the other party.

       

      (2) Within 15 (fifteen) days of the receipt of a communication under subsection (1), the party receiving it shall, in consultation with the other party, arrange a meeting with it for collective bargaining through discussion on the issue raised in the communication with a view to reaching an agreement, and such meeting may be held between the representatives of the parties authorized in this behalf.

       

      (3) If the parties, after holding discussion, reach a settlement on the issues discussed, a memorandum of settlement shall be recorded in writing and signed by both the parties, and a copy thereof shall be forwarded by the employer to the Government, the Director of Labour and the Conciliator.

       

      (4) If

      (a) the party receiving a communication under sub-section (1) fails to arrange a meeting with the other party within the time specified in sub-section (2), such other party, or

      (b) no settlement is reached through dialogue within a period of 1 (one) month from the date of the first meeting for negotiation, or, such further period as may be agreed upon in writing by the parties, any of the parties, may, within 15 (fifteen) days from the expiry of the period mentioned in  sub-section (2) or, clause (b) of this sub-section, as the case may be, report the matter to a competent Conciliator mentioned in sub-section (5) and may request him in writing to settle the dispute through conciliation.

       

      (5) For the purposes of this Chapter, the Government shall, by notification in the official Gazette, appoint such number of persons as it considers necessary, as Conciliator for such specific area or establishment or industry as may be specified in the notification, and the Conciliator appointed for the area or establishment or industry concerned shall take up any request for conciliation under sub-section (4).

       

      (6) The Conciliator shall, within 10 (ten) days of receipt of the request as aforesaid, start conciliation, and shall call a meeting between both the parties to bring about a settlement.

       

      (7) The parties to the dispute shall appear before the Conciliator in person or through the representatives nominated and authorized by them to enter into an agreement binding on both the parties on such date and at such time as the Conciliator may specify.

       

      (8) If any settlement of the dispute is arrived through conciliation, the Conciliator shall submit a report thereon to the Government together with a memorandum of settlement signed by both the parties.

       

      (9) If no settlement is arrived at within 30 (thirty) days of receipt of any request for settlement of any dispute by the Conciliator, the conciliation shall fail, or the conciliation may be continued for further period agreed upon in writing by both the parties.

       

      (10) If the conciliation fails, the Conciliator shall try to persuade the parties to agree to refer the dispute to an Arbitrator.

       

      (11) If the parties do not agree to refer the dispute to an Arbitrator, the Conciliator shall, within 3 (three) days of failure of the conciliation issue a certificate to the parties to the dispute to the effect that it has failed.

       

      (12) If the parties agree to refer the dispute to an Arbitrator, they shall make a joint request in writing for settlement of the dispute to an Arbitrator agreed upon by them.

       

      (13) An Arbitrator referred in sub-section (12) may be a person from the panel of Arbitrators prepared by the Government in this behalf, or any other person agreed upon by the parties.

       

      (14) The Arbitrator shall give his award within 30 (thirty) days from the date of receipt of the request for arbitration or within such further period as may be agreed upon in writing by the parties.

       

      (15) When an award is given by the Arbitrator, he shall forward one copy thereof to the parties and another copy to the Government.

       

      (16) The award of the Arbitrator shall be final and no appeal shall lie against it.

       

      (17) An award shall be valid for such period not exceeding two years as may be fixed by the Arbitrator.

       

      (18) The Director of Labour may, if he deems fit in the interest of settlement of a dispute, at any time, take over any conciliation proceedings from any Conciliator and proceed to conciliate the dispute himself, or transfer such proceedings to any other Conciliator, and in such a case the other provisions of this section shall apply.

       

      (19) Notwithstanding anything contained in this section, the collective bargaining agent of the establishments, in respect of which a trade union of employers or a federation of trade unions of employers has been registered shall communicate with such trade union of employers or federation regarding any industrial dispute and any agreement regarding settlement of industrial dispute made with such trade union of employers or federation shall be binding upon all the employers and workers of the establishments.

       

       

      Note:

      1.     Text in red are portions of the law added through the amendment of the Labor Act in 2013

      2.     Some omitted provisions are specified in Part V. Labor Standards

       

      1.    Bangladesh Labor Act Implementing Rules

      The Bangladesh Labor Act Implementing Rules was passed in 2015 for the Bangladesh Labor Act 2013. Here are some key points of the Labour Rules 2015:

       

      ·         Employment Policy/Service Rules: If any establishment wants to have its own Employment Policy/Service Rules, it must obtain approval from the Chief Inspector of Labour. All existing Employment Policy/Service Rules must be submitted to the Chief Inspector of Labour within November 15, 2015 for approval.

       

      ·         Registration of Manpower supply agency: The Rules prescribed the process and forms for the registration of manpower supply agencies under the Labour Act. Some new conditions are also imposed on the manpower supply agencies.

       

      ·         Establishment Organogram: Every owner of an establishment must prepare an organogram for the establishment and must obtain the approval of Chief Inspector of Labour for such organogram.

       

      ·         Appointment Letter: Under the Labour Act, an appointment letter must be issued for hiring any labour. The Labour Rules makes it mandatory that the appointment letter must contain certain information such as salary, other financial benefits, applicable rules etc.

       

      ·         Various Register: The Labour Rules prescribe certain forms for various register such as service book, labour register, leave register, etc.

       

      ·         Misconduct and punishment: The Rules prescribe the process for investigation of misconduct.

       

      ·         Two festival bonuses: The Rules makes it mandatory that a labour, who continuously works for a year, must receive two festival bonuses in every year. Each bonus shall not be more than a basic salary. 

       

      ·         Provident fund elaborated: the Rules provide detailed guidelines regarding provident fund. New additions includes provisions related to selection of nominee, management of the fund, activities of the trust for managing provident fund.

       

      ·         Holiday: The Rules detailed the provisions related to holidays. It also clarifies the provisions related to compensatory weekly holiday.

       

      ·         Health and fire safely: The Rules provide a detail guideline on health and fire safety.

       

      ·         Wages: the Rules details the provisions related to wages. Clarification is provided for the mechanism of calculating wages for fraction of month and deduction from wages.

       

      ·         Prescribe from for filling case in Labour Court: The Rules introduces some prescribe form for filling cases in the Labour Court.

       

      ·         Approval of factory plan and any extension: The Rules put an end to the Factories Rules and provide detail guideline how approval of factory plan and any extension thereof should be obtained.

      2.    Laws on Export Processing Zones (EPZs)

      3.    National Labor Policy (2012)

    • B. Laws applicable to foreign nationals

       Foreign nationals are required to go to the following institutions in order get employment in Bangladesh:

      ·         Board of Investment (BOI)

      -       For work permits for industrial enterprise, branch office, and liaison office jobs in the private sector that are outside the processing zone

      ·         Bangladesh  Export Processing Zones Authority (BEPZA)

      -       for employment of expats in the export promotion zones, which include investment opportunities, proposals, and reports.

      ·         Non-governmental Organization Affairs Bureau (NGOAB)

      -       For issuance of work permit to foreigners for work in any non-governmental organization in Bangladesh

    • A. Department of Labor

       ·         Ministry Activities

      1. Establish Labour Right

      2. Labour Welfare Foundation

      3. Acts, Rules and Policy

      4. Activities Related to ILO

       

      ·         Services

      1. Trade Union registration

      2. Factory License Issue

      3. Skill Development Council

      4. Disposal of Labour Cases

       

      ·         Departments

      1. Department of Inspection for Factories and Establishments (DIFE)

       

      -The Department of Inspection for Factories and Establishments (DIFE) is a department under the Ministry of Labour and Employment. This department is responsible for ensuring welfare, safety and health of valuable human resources working in various sectors contributing national development. By enforcing labour laws of the country, the department has been leading the nation in creating a safe and healthy work culture and improving the quality of wage earner. The DIFE is  no  longer  considered  a  mere  labour law enforcement  agency, it provides  information  and  advice  to  employers  and  workers  concerning  the  most  effective  means  of  complying  with  the  legal  provisions. The DIFE Collaborates with various government and private organizations, agencies along with international organizations specially ILO to facilitate policy, planning, measures and directions adopted to enhance occupational safety and health for all workers by appropriate working conditions and environment.

       

      In 1969, on the basis of the Pakistan Government along with the report made by Air Vice Marshal Nur Khan, labour department was divided into three parts:

      (1) Labour Department

      (2) Department of Inspection for Factories and Establishments and

      (3) Department of Trade union Registration.

       

      In the following year in 1970, The Department of inspection for Factories and Establishments was created as a separate department in pursuance of ILO Labour Inspection Convention No. 81 and labour policy of 1969. Bangladesh emerges as an independent and sovereign country in the world map through a glorious liberation war in 1971.

       

      2. Directorate of Labour

      3. NSDC

      4. Labour Appellate Tribunal

       

      ·         Act/Rules

      1. Bangladesh Labour Act, 2006

      2. Welfare Foundation Act

      3. National Labour Policy, 2012

      4. Child Labour Policy

    • B. Bureau of Investment (BOI)

       The Board of Investment (BOI) Bangladesh was established in 1989 by the Investment Board Act to encourage investment in private sector, to identify the hindrance of investment and provide necessary facilities and assistance in the establishment of industries. The wide range of services BOI provides include investment promotion and facilitation covering support, suggestion and aftercare support to the investors. The prime vision of BOI is to promote domestic and foreign investment as well to enhance international competitiveness of Bangladesh and contribute to overall social and economic development of Bangladesh.

       

      Established under Investment Board Act 1989, the Board of Investment (BOI) is the principal private investment promotion and facilitation agency of Bangladesh. The act mandated BOI for providing diversified promotional and facilitating services with a view to accelerating industrial development of the country. In addition, the government also entrusted BOI with some more functions in its service list in the recent past. Combining all, BOI’s present functions can be categorized as follows:

       

      Investment Promotion

       

      ·         Country promotion

      ·         Sector/industry promotions

      ·         Publications on business processes

       

      Investment Facilitation

       

      ·         Pre-investment information and counseling service.

      ·         Investor welcome service (faster immigration).

      ·         Registration/approval of foreign, joint-venture and local project.

      ·         Registration/approval of branch/liaison/representative offices.

      ·         Approving work permit for the foreign nationals.

      ·         Facilitating utility connections (electricity, gas, water & sewerage, telecom etc.).

      ·         Assistance in obtaining industrial plots.

      ·         Approving remittance of royalty, technical know-how and technical assistance fees.

      ·         Facilitating import of capital machinery & raw materials.

      ·         Approving foreign loan suppliers' credit, PAYE scheme etc.

       

      Policy Advocacy

       

      ·         Advocating policy suggestions to the government.

      ·         Assisting the government in framing new policies for private sector development.

      ·         Assisting the National Taskforce on investment climate facilitation.

    • C. Bangladesh Export Processing Zones Authority (BEPZA)

       In order to stimulate rapid economic growth of the country, particularly through industrialization, the government has adopted an 'Open Door Policy' to attract foreign investment to Bangladesh. The BEPZA is the official organ of the government to promote, attract and facilitate foreign investment in the EPZs. Besides, BEPZA as the competent Authority performs inspection & supervision of the compliances of the enterprises related to social & environmental issues, safety & security at work place in order to maintain harmonious labour-management & industrial relations in EPZs. The primary objective of an EPZ is to provide special areas where potential investors would find a congenial investment climate free from cumbersome procedures.

       

      Vision

       

      To build a stronger and economically prosperous Bangladesh.

       

      Mission

      ·         Promotion of Investment

      ·         Diversification of Export

      ·         Generation of Employment

       

       

      About EPZ

       

      An export processing zone (EPZ) is defined as a territorial or economic enclave in which goods may be imported and manufactured and reshipped with a reduction in duties / and/or minimal intervention by custom officials (World Bank 1999).

       

       

      EPZ Provides:

       

      ·         Plots/factory buildings in custom bonded area

      ·         Infrastructural facilities

      ·         Administrative facilities

      ·         Fiscal & non-fiscal incentives

      ·         EPZ attracts : foreign & local investment

       

      Type:

       

      A - 100% foreign ownership 58%

      B - joint venture 14%

      C - 100% local venture 28%

       

      Bangladesh EPZ's at a glance:

       

      ·         Chittagong EPZ

      ·         Dhaka EPZ

      ·         Mongla EPZ

      ·         Ishwardi EPZ

      ·         Comilla EPZ

      ·         Uttara EPZ

      ·         Adamjee EPZ

      ·         Karnaphuli EPZ

    • D. Non-governmental Organization Affairs Bureau (NGOAB)

       The NGO Affairs Bureau (NGOAB) was established in 1990 through an administrative order of the Government. Its prime objective is to provide one-stop service to the NGOs operating with foreign assistance and registered under the Foreign Donations (Voluntary Activities) Regulation Ordinance, 1978. In addition, it facilitates the activities of the NGOs in the country, and ensures their accountability to the state and thereby to the people of the country. Initially, it was located in the President Secretariat's Public Division and later on, in the Cabinet Division. In 1991, with the re-introduction parliamentary form of government, the NGOAB was placed under the Prime Minister's Office as a regulatory body of the NGOs with the status of a government department. Bureau has no field office, therefore heavily rely on Deputy Commissioners and Upazila Nirbahi Officers (UNO) for monitoring the NGO project/ program activities at the field level. Deputy Commissioners (except 3 districts of Chittagong Hill Track) once in a month hold coordination meeting with NGOs working in the districts. In Chittagong hill track Districts Chairman, District council held coordination meeting where all Districts level officers and NGOs attend the meetings. Meeting minutes detailing the project and non-project activities of NGOs are sent to the bureau for review. Bureau approves the project proposals submitted by NGOs completing the form called FD-6; it includes project rationale, objectives, target group, year wise planned activities, and sources of foreign money and contact details of the donor.  Bureau communicate with the line ministries for views on the project proposal as project proposal should be well aligned with national priorities and international agreed goals like SDGs. It should also avoid duplication of interventions and target the marginalized and vulnerable people. During emergency situation like flood or cyclone bureau approves project proposals called FD-7 in 24 hours mainly for distribution of relief materials. Local administration of affected area is kept informed while issuing approval of FD-7. Form FC-1 is used to receive one time foreign contribution. Mainly the faith based NGOs especially the Muslim charities channel one-off contribution for arranging iftar or Eid gift for the poor during Ramadan, or sacrificial animals in Eid ul Azha. NGOs much certify in the project proposal that they receive foreign donation or contribution from legal sources. Sources could be foundation, trust, government, education institution, or even individuals. As part of enforcing Anti Money Laundering Act 2012 and Combating financing of terrorism bureau has the responsibility to make sure that money being channelized by NGOs is from legal sources. Bureau also realizes government revenue-both tax (income tax, VAT etc.) and non-tax (registration fee).Bureau always coordinates with NGOs, line ministries, different state agencies and development partners in discharging its duty as the regulatory authority. Here the spirit is to facilitate the NGO activities, not to regulate them only. Director General represent bureau in different committees where NGO issues are involved.

    • A. Procedure on Employment of Foreign Employees

       a.    Work permit in Bangladesh

       

      Work permit is mandatory for every foreign national seeking employment in Bangladesh. Three government authorities issue work permit in Bangladesh.

       

      ·         For private sector industrial enterprise, branch office and liaison office, outside of Export Processing Zone (EPZ) – Bangladesh Investment Development Authority (BIDA).

      ·         For employment of foreign national in the EPZ – Bangladesh Export Processing Zones Authority (BEPZA).

      ·         For employment of foreign national in any NGO – NGO Affairs Bureau.

       

      1.    WORK PERMIT ISSUED BY BIDA

       

      Private sector industrial enterprises, branch office, liaison/representative office desiring to employ foreign nationals are required to apply to BIDA in a prescribed from. While issuing work permit, BIDA usually follows the following guidelines:

       

      ·         Only nationals of countries recognized by Bangladesh are considered for employment.

      ·         Employment of expatriate personnel will be considered only in industrial/commercial establishments which are sanctioned/registered by the appropriate authority.

      ·         Employment of foreign nationals is normally considered for the job for which local experts/technicians are not available.

      ·         Persons below 18 years of age are not eligible for employment.

      ·         A decision of the board of directors of the concerned company for new employment/employment extension is to be furnished in each case.

      ·         The number of foreign employees should not exceed 5% in the industrial sector and 20% in commercial sector of the total employees, including top management personnel.

      ·         Initially, employment of any foreign national is considered for a term of two years, which may be extended on the basis of merit of the case.

      ·         Ministry of Home Affairs will issue necessary security clearance certificate.

       

      2.    PROCESS OF ISSUING WORK PERMIT BY BIDA:

       

      ·         The employer is required to publish a newspaper advertisement or online advertisement for the recruitment. This requirement is not always mandatory.

      ·         The foreign national should arrive in Bangladesh with “E” (for employees) or “PI” (for investor) type visa. BIDA’s recommendation might be required prior to issuing those types of visa.

      ·         Within 15 days from the date of arrival of the foreign national, application for work permit should be submitted to BIDA. A fee of BDT 5,000 is applicable in this regard.

      ·         The following papers/documents are required for new work permit:

      (1)  Application in prescribed form along with passport size photographs of the foreign national(s) attested by the Managing Director/Managing Partner/Proprietor/appropriate authority.

      (2)  Attested copy of the permission letter for Branch/Liaison Office/Company.

      (3)  Commercial Enterprise from the appropriate authority, if not submitted earlier.

      (4)  Board resolution regarding employment of foreign national(s) including salary & other benefit.

      (5)  Memorandum, Article of Association and Certificate of Incorporation of the Company duly signed by shareholders, if not submitted earlier.

      (6)  Attested photocopy of passport with arrival stamp ‘E’ type visa for employee and ‘PI’ type visa for investors.

      (7)  Attested copy of service contract/agreement and appointment letter, in case of employee.

      (8)  Attested copies of all academic, professional and experience certificate for employee.

      (9)  Paper clipping showing advertisement made for recruitment of local personnel prior to appointment of the foreign national(s).

      (10)        Statement of manpower showing list of local and expatriate personnel employed with designation, salary details, nationality and date of first appointment.

      (11)            Encashment certificate of inward remittance in favor of Liaison/Branch office for the last 2 years.

      (12)            Encashment certificate of inward remittance of minimum US$ 50,000 as initial establishment cost for branch/liaison offices and locally incorporated/join-venture and 100% foreign ownership companies.

      (13)            Up-to-date income tax certificate for branch office of the locally incorporated companies in Bangladesh.

       

      Note: All documents to be attested by the Managing Director/Managing

      Partner/Proprietor of the Company/Firm.

       

      Once the application is submitted, BIDA would then send letter to Ministry of Home Affairs for security clearance.

      After obtaining security clearance, BIDA will issue the work permit.

       

      3.    PI OR E TYPE VISA DOCUMENTS

       

      Papers/documents needed for recommendation of PI or E type visa application in favor of the foreign national(s) to be employed in branch/liaison office and other private and public enterprise:

       

      (1)  Copy of the permission letter for branch/liaison office if not submitted earlier

      (2)  Board resolution for employment of foreign nation(s) mentioning salary and other benefits.

      (3)  Passport size photographs of the foreign national(s)

      (4)  Memorandum, and Article of Association and Certificate of Incorporation of the Company duly signed by shareholders, if not submitted earlier.

      (5)  Photocopy of passport.

      (6)  Service contract/agreement or appointment letter, in case of employees.

      (7)  Certificates of all academic professional and experience for employees.

      (8)  Paper clipping showing advertisement made for recruitment of local personnel prior to appointment of the expatriate(s).

      (9)  Statement of manpower showing list of local and expatriate personnel employed with designation, salary details, nationality and date of first appointment.

      (10) Encashment certificate of inward remittance of minimum US$ 50,000 as initial establishment cost for branch/liaison offices and locally incorporated/join-venture and 100% foreign ownership companies.

       

      Note: All documents to be attested by the Managing Director/Managing Partner/Proprietor of the Company/Firm.

    • A. Categories of worker

       PERTINENT PROVISION IN LABOR ACT 2013

       

      Sec. 4.  Classification of workers and probation period

       

       

      (1) Workers employed in any establishment may be classified in any of the following classes according to the nature and condition of work, namely:

       

      (a) apprentice;

      (b) substitute;

      (c) casual;

      (d) temporary;

      [(e) probationer;

      (f) permanent; and

      (g) seasonal worker.]

       

      (2) A worker may be called an apprentice if he is employed in an establishment as a trainee and  paid allowances during the period of his training.

       

      (3) A worker may be called a substitute if he is employed in an establishment in the post of a permanent worker or of a probationer for the period of his temporary absence.

       

      [(4) A worker may be called a casual worker if he is employed on ad-hoc basis in an establishment for work of a casual nature.]

       

      (5) A worker may be called a temporary worker if he is employed in an establishment for a work which is essentially of temporary nature and is likely to be finished within a limited period.

       

      (6) A worker may be called a probationer if he is employed for the time being in an establishment in a permanent post and the period of his probation is not ended.

       

      (7) A worker may be called a permanent worker if he is employed in an establishment on a permanent basis or if he has completed the period of his probation satisfactorily in the establishment.

       

      (8) The period of probation for a worker whose function is of clerical nature shall be 6 (six) months and for other workers such period shall be 3 (three) months:

       

      Provided that in the case of a skilled worker, the period of probation may be extended for a further period of three months if, for any reason, the quality of his work within first 3 (three) months of his probation is not possible to ascertain :

       

      [Provided further that a worker shall be deemed to be permanent in accordance with the provision of sub-section (7) notwithstanding he has not been issued any confirmation letter after completion of his probationary period or extended period of 3 (three) months.]

       

      [(11) A worker may be called a seasonal worker if he is employed in an establishment for seasonal works during any work season and remain in employment up to the end of that season.

       

    • B. Time periods

       a.    Daily working hours

      -       8 hours per day, not more than 10 hours

      b.    Weekly working hours

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

       

      PERTINENT PROVISION IN LABOR ACT 2013

      CHAPTER IX WORKING HOUR AND LEAVE

       

      Sec.100. Daily working hour.

       

      No adult worker shall ordinarily work or be required to work in an establishment for more than 8 (eight) hours in a day: Provided that subject to the provisions of section 108, any such worker may work in an establishment up to 10 (ten) hours also in a day.

       

      Sec.101. Interval for rest or meal.

       

      In an establishment no worker shall be liable to

       

      (a) work for more than 6 (six) hours in a day, unless he is given an interval of 1 (one) hour for rest or meal during that day;

      (b) work for more than 5 (five) hours in a day, unless he is given an interval of half an hour for the said purpose during that day; or

      (c) work for more than 8 (eight) hours in a day, unless he is given 1 (one) interval under clause (a) or 2 (two) intervals under clause (b) for the said purpose during that day;

      [(d) notwithstanding anything contained in this Act, the Government shall, by rules, prescribe the working and rest hours for various factories wherein the workers are engaged in physically hazardous and laborious work including construction, re-rolling, steel-mills, ship breaking and welding.]

       

      Sec. 102.  Weekly working hours.

       

       

      (1) No adult worker shall ordinarily work or be required to work in an establishment for more than 48 (forty-eight) hours in a week.

       

      (2) Subject to the provisions of section 108, an adult worker may work for more than 48 (forty-eight) hours also in a week:

       

      Provided that the total working hours of such worker shall not exceed  60 (sixty) hours in a week, and on the average 56 (fifty-six) hours per week in a year:

       

      Provided further that the total additional working hours of a worker employed in a road transport establishment shall not exceed 150 (one hundred and fifty) hours in a year:

       

      Provided further that the Government may, in the cases of some particular industries, under conditions imposed by order in writing, relax the provisions of this section or exempt from the provisions of this section at a time for a period of not exceeding 6 (six) months, if it is satisfied that in the public interest or in the interest of economic development such relaxation or exemption is necessary.

       

      Sec. 108.  Extra-allowance for overtime.

       

       

       

      (1) Where a worker works for more hours than the hours fixed under this Act in an establishment on any day or in a week he shall, for overtime work, be entitled to allowance at the rate of twice his ordinary rate of basic wage and dearness allowance and ad-hoc or interim wage, if any.

       

      (2) Where any worker is paid on a piece rate basis in an establishment, the employer may, for requirement of this section, in consultation with the representatives of the workers, fix time rates as nearly as possible equivalent to the average rates of earnings of those workers, and the rates so fixed shall be deemed to be the ordinary rates of wages of those workers in this case, [but in such cases the provisions of sub-section (1) shall not apply.]

       

      (3) For ensuring compliance with the provisions of this section, the Government may, by rules, prescribe the register to be maintained by an establishment.

       

      Sec. 111. Notice of hours of work for adult workers and preparation thereof.

       

       

      (1) In every establishment a notice showing the time clearly in writing when the adult workers employed therein are required to work shall be displayed in accordance with the provisions of section 337 and correctly maintained in the establishment.

       

      (2) The time shown in the notice shall be fixed beforehand in accordance with the provisions of this section, and shall be such as the workers working during such time is not be required to work in contravention of the provisions of sections 100, 101, 102, 103 and 105.

       

      (3) Where all the adult workers of an establishment are required to work during the same hours, the employer shall fix those hours generally.

       

      (4) Where all the adult workers of an establishment are not required to work during the same hours, the employer shall divide the workers into groups according to the nature of their work, and fix the number of workers in each group.

       

      (5) For a group which is not required to work on a shift basis, the employer shall fix the time during which that group is required to work.

       

      (6) Where any group is required to work on a shift basis, and the relays are not subject to undetermined periodical changes of shifts, the employer shall fix the time when the relay of each such group is required to work.

       

      (7) Where any group is required to work on a shift basis, and the relays are subject to predetermined periodical changes of shifts, the employer shall draw up a scheme of shifts where the relay of which group is required to work in which time of which day is to be known.

       

      (8) Two copies of the notice of the hours of work under this section shall be sent for approval to the Inspector before the work in an establishment begins.

       

      (9) The Inspector shall return a copy of the notice indicating any modification, if necessary, to the employer within one week of its receipt, and the employer shall immediately comply with the modifications, if any, and shall preserve such approval in the records of the establishment.

       

      (10) If any proposed change in the system of work in an establishment necessitates a change in the notice, 2 (two) copies of the proposed charge shall be sent to the Inspector before such change is made, and no such change shall be made without previous permission of the Inspector.

       

      (11) If a worker attends to work after half an hour of the time fixed for the work of the day, the employer may refuse to employ the worker for the work of that day.

       

      113.  Working hour is to correspond with notice and register.

       

       

      No adult worker shall work or required to work otherwise than in accordance with the notice under section 111(1) and the entries made beforehand against his name in the register maintained under section 9.

       

    • C. Minimum wage

       PERTINENT PROVISION IN LABOR ACT 2013

       

      Sec. 140.  Power to declare minimum rate of wages.

       

      (1) Upon receipt of the recommendation of the Wages Board under section 139, the Government may, by notification in the official Gazette, declare that the minimum rates of wages recommended by the Wages Board for the various workers shall, subject to such exception as may be specified in the notification, be the minimum rates of wages for such workers.

       

      (2) If the Government thinks that the said recommendation is not, in any respect, equitable to the employers or the workers, it may, within [45 (forty five)] days of receipt of the recommendation, refer it back to the Wages Board for reconsideration, and at the time of such referring back if the Government thinks fit, it may make comments on it and give any information relating thereto.

       

      (3) Where any recommendation is referred back to the Wages Board under sub-section (2), the Wages Board shall review its recommendation, considering the comments made and information given by the Government and, if necessary, shall hold further enquiry and shall submit to the Government a revised recommendation, or if the Board thinks that no amendment or change in the recommendation is necessary, it shall make a report to that effect stating reasons therefore.

       

      (4) Upon receipt of the recommendation under sub-section (3), the Government may, by notification in the official Gazette, declare that the minimum rates of wages for various workers recommended under that sub-section by the Wages Board [or modified by the Government] or according to the revised recommendation made by the Government shall, subject to such modifications and exceptions as may be specified in the notification, be the minimum rates of wage for such workers.

       

      (5) Unless any date is specified in this behalf in the notification under  sub-section (4), the declaration thereunder shall take effect on the date of its publication.

       

      (6) Where after publication of a notification under sub-section (1) or (4) or after the minimum rates of wages declared thereunder have taken effect, it comes to the notice of the Government that there is a mistake in the minimum rates of wages so declared, it may refer the matter to the Wages Board and any such reference shall be deemed to be a reference under sub-section (2).

       

      (7) The minimum rates of wages declared under this section shall be final and shall not, in any manner, be questioned, or no objection shall be raised in this behalf in any Court or before any authority.

       

       

      [Section 140A. Special power of the Government.

       

      [ Notwithstanding anything contained in sections 139, 140 and 142, the Government may, at any stage of implementation of minimum wages declared for any industrial sector in response of any special circumstances, further declare the minimum wages structure, subject to reconstitution of the Minimum Wages Board for declaration of the minimum wages structure afresh and compliance of the necessary formalities:

       

      Provided that in such a case the Government may, if it deems necessary, by notification in the official Gazette, instead of declaring the minimum rates of wages afresh, give effect to any modification or alteration of existing rates of wages in consultation with both the workers and employers.]

       

       

      Sec. 141. Factors to be considered in making recommendation.

       

       

      In making any recommendation, the Wages Board shall take into account the cost of living, standard of living, cost of production, productivity, price of products, inflation, nature of work, risk and standard, business capability, socio-economic conditions of the country and the locality concerned and other relevant factors.

       

       

      Sec.142. Periodical review of minimum rates of wages.

       

      (1)          If any change in the factors specified in section 141 and other relevant factors so demand, the Wages Board shall review its recommendations once again and recommend to the Government any amendment or modification of the minimum rates of wages declared under section 140:

       

      Provided that unless any special circumstances of a case so require, no recommendation shall be reviewed earlier than 1 (one) year or later than 3 (three) years from the date on which it was made.

       

      (2) Review and recommendation under this section shall be deemed to be an enquiry and recommendation under section 139, and the provisions of this Chapter shall, as far as may be, apply in this case also.

       

      Sec. 148. Minimum wages to be binding on all employers.

       

      The minimum rates of wage declared under section 140 or published under section 145 shall be binding on all employers concerned and every worker shall be entitled to be paid wages at the rate not less than the rates of wages so declared or published.

       

       

    • D. Restrictions on working time

       PERTINENT PROVISION IN LABOR ACT 2013

       

      Sec.107. Restrictions on cumulative hours of work on a vehicle.

       

      No worker shall work or be allowed to work on 1 (one) or more than 1 (one) vehicles in excess of the time permitted under this Act.

       

      Sec.109. Limited hours of work for woman workers.

       

      No woman worker shall, without her consent, be allowed to work in an establishment between 10 o'clock at night and 6 o’clock in the morning.

       

      Sec.110. Restrictions on double employment.

       

      No adult worker shall be allowed to work in more than 1 (one) establishment on the same day, without permission of the Chief Inspector and on such conditions as may be imposed by him.

       

    • E. Shift workers

       PERTINENT PROVISION IN LABOR ACT 2013

       

      Section 106. Night shift.

       

      Where the shift work of an adult worker in an establishment extends beyond midnight

       

      (a) for the requirement of section 103, a holiday for a whole day for the worker shall mean 24 (twenty-four) consecutive hours beginning from the end of his shift; and

       

      (b) the following day for him shall mean 24 (twenty-four) consecutive hours beginning from the end of his shift, and the hours he has worked after midnight shall be counted to the hours of his works of the previous day.

    • F. Holiday entitlement

       PERTINENT PROVISION IN LABOR ACT 2013

       

      Sec. 103. Weekly holiday.

       

      Every worker employed in an establishment

       

      (a) shall be entitled to 1 1/2(one and a half) day holiday in a week in the case of a shop or commercial establishment or an industrial, establishment and 1 (one) day in a week in the case of a factory and establishment; 

       

      (b) shall be entitled to one day of twenty four consecutive hours holiday in a week in the case of road transport establishment, and no deduction shall be made from his wages on account of such holidays;

       

      [(c) no deduction shall be made from the wages of a worker for any holiday under the aforesaid clauses (a) and (b).]

       

      Sec. 104. Compensatory weekly holiday.

       

      Where, as a result of the passing of an order or making of a rule under the provisions of this Act exempting an establishment or the workers employed therein from the provisions of section 103, 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.

       

    • G. Employee Leave

       PERTINENT PROVISION IN LABOR ACT 2013

      CHAPTER IX WORKING HOUR AND LEAVE

       

       

      Sec. 10.  Procedure for leave

       

       

      (1) A worker who desires to obtain leave of absence shall apply to his employer in writing and shall state therein his address during leave.

       

      (2) The employer or an officer authorized by him shall issue an order within 7 (seven) days of receipt of the application or 2 (two) days prior to the commencement of leave applied for, whichever is earlier: Provided that if due to any urgent reasons the leave applied for is to commence on the date of application or within 3 (three) days thereof, such order shall be given on the day of receipt of the application.

       

      (3) If the leave asked for is granted, a leave pass shall be issued to the worker.

       

      (4) If the leave asked for is refused or suspended, the fact of such refusal or postponement and the reasons thereof shall be communicated to the worker before the date on which the leave would have expected to be commenced and it shall be recorded in the register maintained for the purpose.

       

      (5) If any worker, after he went on leave, desires an extension thereof, he shall, if such leave is due to him, apply 1 [in writing by registered post before reasonable time] of the expiry of the leave to the employer who shall send a written reply either of granting or of refusing the extension of leave to the worker to his leave-address.

       

       

      Sec. 11. Payment of wages for unavailed leave.

       

      If the service of a worker terminates, due to retrenchment, discharge, removal, dismissal, retirement, resignation or any other reason and any annual leave is due to him, the employer shall pay him wages in lieu of the unavailed leave at the rate he is entitled to the payment of wages during the period of leave in accordance with the provisions of this Act.

       

       

      Sec. 115.  Casual leave.

       

       

       

      Every worker shall be entitled to casual leave for 10 (ten) days with full wages in a calendar year, and if such leave is not availed for any reason, it shall not be accumulated and the leave of any year shall not be availed in the succeeding year:

      Provided that nothing in this section shall apply to a worker employed in a tea plantation. 

       

      Sec.116. Sick leave.

       

       

      (1) Except a newspaper worker, every worker shall be entitled to sick leave with full wages for 14 (fourteen) days in a calendar year.

       

      (2) Every newspaper worker shall be entitled to sick leave with half wages for not less than one-eighteenth of the period of his service.

       

      (3) No such leave shall be granted unless a registered medical practitioner appointed by the employer or, in the absence of such medical practitioner, any other registered medical practitioner, after examination, certifies that the worker is ill and requires leave for treatment or cure for such period as is mentioned in the certificate.

       

      (4) Such leave shall not be accumulated and carried forward to the succeeding years.

       

      Sec. 117. Annual leave with wages.

       

       

      (1) Every adult worker who has completed 1 (one) year of continuous service in an establishment shall be allowed during the following period of 12 (twelve) months’ leave with wages for days calculated on the basis of the works of the preceding 12 (twelve) months at the following rate, namely:

       

      (a) 1 (one) day for every 18 (eighteen) days of work, in the case of a shop or commercial or industrial establishment or factory or road transport establishment;

      (b) 1 (one) day for every 22 (twenty two) days of work, in the   case of tea plantation;

      (c) 1 (one) day for every 11 (eleven) days of work, in the case of a newspaper worker.

       

      (2) Every adolescent worker who has completed 1 (one) year of continuous service in an establishment shall be allowed during the subsequent period of 12 (twelve) months’ leave with wages for a number of days calculated for the works of previous 12 (twelve) months at the following rate, namely:

       

      (a) 1 (one) day for every 15 (fifteen) days of work, in the case of a factory;

      (b) 1 (one) day for every 18 (eighteen) days of work, in the case of a tea plantation;

      (c) 1 (one) day for every 14 (fourteen) days of work, in the case of a shop or commercial or industrial establishment.

       

      (3) If any holiday occurs into the leave granted under this section shall be included in such leave.

       

      (4) If a worker does not, in any period of 12 (twelve) months, take the leave either in whole or in part, to which he is entitled under sub-sections (1) or (2), such leave shall be added to the leave which he is entitled to in the succeeding period of 12 (twelve) months.

       

      (5) 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 amounts to

      (a) 40 (forty) days in the case of a factory or road transport establishment;

      (b) 60 (sixty) days in the case of a tea plantation or shop or commercial or industrial establishment.

       

      (6) Notwithstanding anything contained in sub-section (4), an adolescent worker shall cease to earn any leave under this section when the earned leave due to him amounts to

       

      (a) 60 (sixty) days in the case of a factory or tea plantation;

      (b) 80 (eighty) days in the case of a shop or commercial or industrial establishment.

       

      (7) If a worker applies for earned leave and is refused by the employer for any reason, such refused leave shall be added to the credit of such worker beyond the limit mentioned in sub-section (5) or (6).

       

      (8) For the purposes of this section, a worker shall be deemed to have completed a period of continuous service in an establishment notwithstanding any interruption in service during that period occurred due to

       

      (a) any holiday;

      (b) any leave with wages;

      (c) any leave with or without wages due to sickness or accident;

      (d) any maternity leave not exceeding 16 (sixteen) weeks;

      (e) any period of lay-off;

      (f) any legal strike or any illegal lock-out.

       

       

       

      Sec. 118. Festival holidays.

       

       

      (1) Every worker shall be allowed in a calendar year 11 (eleven) days of festival holiday with wages.

       

      (2) The employer shall fix the day and dates of such leave in such manner as may be prescribed by rules.

       

      (3) A worker may be required to work on any festival holiday, but 2 (two) days compensatory holidays with wages and a substitute holiday shall be provided for him in accordance with the provisions of section 103.

       

      Sec. 119.  Calculation of wages and payment thereof during the period of leave or holiday.

       

       

      (1) For the leave or holidays allowed to a worker under this Act, he shall be paid at the rate equal to the daily average of his full time wages, dearness allowances, and ad-hoc or interim wage, if any, except any overtime allowance and bonus for the days on which he worked during the month immediately preceding his leave: Provided that if a worker in any establishment is entitled to cash in lieu of any advantage of supply of food grains, it shall be included in his wages.

      (2) If an adult worker is allowed annual leave for a period of not less than 4 (four) days and an adolescent worker for period of not less than 5 (five) days, at a time, he shall, in so far as it is practicable, be paid his wages for the period of the leave so allowed, before his leave begins.

    • H. Illness and injury of employees

       PERTINENT PROVISION IN LABOR ACT 2013

      CHAPTER XII COMPENSATION FOR INJURY CAUSED BY ACCIDENT 

       

      Sec. 150. Liability of the employer to pay compensation.

       

       (1) If a worker is bodily injured by an accident arising out of the course of his employment, his employer shall be liable to pay him compensation in accordance with the provisions of this Chapter.

       

       (2)  An employer shall not be liable to pay such compensation, if

       

      (a) a worker does not lose the ability to work, in whole or in part, for a period exceeding three days due to injury;

       

      (b) the cause of injury to a worker, not resulting in death, by the accident directly attributed to

       

      (i) the worker having been at that time under the influence of drink or drugs;

       

      (ii) the willful disobedience by the worker of a clear order or to rules made for the purpose of securing the safety of workers;

       

      (iii) the willful removal or disregard by the worker of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of workers.

       

       (3) If

      (a) any worker, employed in any employment specified in “Part-A” of the Third Schedule, is attacked with any disease specified therein as an occupational disease peculiar to that of employment; or

       

      (b) a worker, while in the service of an employer for a continuous period of not less than 6 (six) months in any employment specified in Part-B of the Third Schedule, is attacked by any disease specified therein as an occupational disease peculiar to that employment, 

      being attacked of such disease shall be deemed to be an injury by accident within the meaning of this section, and, unless the employer proves the contrary, such accident shall be deemed to have arisen out of the course of his employment.

       

      Explanation.

      For the purposes of this sub-section, a period of service shall be deemed to be continuous if the service of the same kind under any other employer is not joined therewith.

       

      (4) The Government may, by notification in the official Gazette, add any description of employment to the employments specified in the Third Schedule, and in that case, shall specifically mention what shall be the occupational disease peculiar to that employment, and there after the provisions of sub-section (3) shall be so applied as if such disease were declared as occupational disease peculiar to that employment under this Chapter.

       

      (5) Save as provided by sub-sections (3) and (4), no compensation shall be payable to a worker in respect of any disease unless the disease is directly attributable to an injury by accident arising out of the course of his employment.

       

      (6) Nothing herein contained shall be deemed to confer any right to compensation on a worker in respect of any injury if he has instituted a suit for damages for such injury in a civil Court against the employer or any other person.

       

      (7) No suit for damages, in respect of any injury, shall be instituted by a worker in any Court, if

       

      (a) he submits an application claiming compensation in respect of such injury before a Labour Court; or

       

      (b) there is an agreement between him and his employer providing for the payment of compensation in respect of such injury in accordance with the provisions of this Chapter.

       

      (8) For the purposes of this Chapter, "worker" means any person employed by the employer directly or through contractors, who is

       

      (a) a railway servant as defined in section 3 of the Railways Act, 1890 (Act No. IX of 1890) (who is not employed in any permanent post of any administrative, district or upazilla office of the railway, and also not employed in any post specified in the Fourth Schedule); or

       

      (b) employed in any post specified in the Fourth Schedule; 

      whether the contract of his employment is oral or in writing, expressed or implied, and any reference to a injured worker shall, if he dies, include his dependents or any of them.

       

      Explanation.

      For the purposes of this Chapter, the exercise of power or performance of duty by a local authority or by any department acting on behalf of the Government shall, unless a contrary intention appears, be deemed to be the trade or business of such authority or department.

       

       

       

      (1) Subject to the provisions of this Chapter, the amount of compensation shall be as follows, namely:

       

      (a) where death results from the injury, the sum mentioned in the second column of the Fifth Schedule:

      [Provided that this amount of compensation shall be in addition to the compensation relating to his normal retrenchment of, dismissal from, termination of, or resignation from, service;] 

       

      (b) where permanent total disablement results from the injury

       

      (i) [irrespective of the worker is adult or minor], the sum mentioned in the third column of the Fifth Schedule; and

       

      (c) where permanent partial disablement results from the injury,

       

      (i) in the case of injury specified in the First Schedule, such percentage of the compensation which would have been payable in the case of permanent total disablement which is equal to the ratio specified therein as being the percentage of the loss of earning capacity caused by that injury;

       

      (ii) in the case of an injury not specified in the First Schedule, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity permanently caused by the injury; and 

       

      (d) where temporary disablement, whether total or partial, results from the injury, a monthly compensation shall be payable on the first day of the month following the month in which it is due after the expiry of a waiting period of 4 (four) days from the date of disablement and thereafter shall be payable for the period of disablement or for a period as specified in the last column of the Fifth Schedule, whichever is shorter.

       

      (2) Where more than 1 (one) injury is caused by the same accident, the amount of compensation payable under sub-section (1)(c) shall be aggregated, but not in such a way as to exceed the amount which would have been payable if permanent total disablement would resulted from the injuries.

       

      (3) If the disablement ceases before the date on which any monthly compensation is payable, a sum proportionate to the duration of the disablement in that month shall be payable in respect of that month.

       

       

       

      Sec.152. Method of calculating wages.

       

       (1) For the purposes of this Chapter "monthly wages" means the amount of wages deemed to be payable for work of 1 (one) month, whether the wages is payable by month or by other period or at piece rates.

       

      (2) Such wages shall be calculated as follows, namely:

       

      (a) where the worker was in the service of the employer who is liable to pay compensation for a continuous period of not less than 12 (twelve) months immediately preceding the accident, the monthly wages of the worker shall be 1/2(one-twelfth) of the total wage to be paid to him by the employer for the preceding 12 (twelve) months;

       

      (b) where the worker was in the service of the employer who is liable to pay the compensation for a continuous period of less than 1(one) month immediately preceding the accident, the monthly wage of the worker shall be the sum equal to the monthly average of income which, during the 12 (twelve) months immediately preceding the accident, was being earned by a worker employed on the same work by the same employer, or, if there was no worker so employed, by any other worker employed on similar work in the same locality;

       

      (c) in other cases, the monthly wages shall be the sum arrived at on the basis of the following calculation: 

      30 (thirty) times of the total wages earned from the employer who is liable to pay compensation for a continuous period of service immediately preceding the accident divided by the number of days comprising such period.

      Explanation

      For the purposes of this section, any period of service shall be deemed to be continuous which is not interrupted by a period of absence from work for exceeding 14 (fourteen) days

       

       

      Sec.153. Review.

       

       

       (1) Any monthly compensation payable under this Chapter, whether under an agreement between the parties or under an order of the Labour Court, may be reviewed by the Labour Court, if

       

      (a) an application is made either by the employer or by the worker accompanied by a certificate of a registered medical practitioner stating that the condition of the worker has been changed; or

       

      (b) besides such certificate, an application is made either by the employer or by the worker on the ground that the compensation was fixed by fraud or undue influence or other improper means or from the record it is clearly seen that such fixation was wrong.

       

      (2) Subject to the provisions of this Chapter, any monthly compensation may, on review under this section, be continued, increased, decreased or stopped, or if it is found that permanent disablement results from the accident, the monthly compensation payable may be converted to the lump sum to which the worker is entitled, but the sum already received as monthly compensation shall be deducted from it.

       

       

      Sec.154. Payment of monthly compensation by lump-sum.

       

       

      (1) The employer may pay monthly compensation payable to a worker by paying a lump-sum amount on the basis of the agreement between the parties.

      (2) If there is no such agreement and the payment of compensation continues for not less than 6 (six) months the monthly compensation may be redeemed, on the application of either party, by the payment of such lump sum amount as may be determined by the Labour Court.

       

       

      Sec.155. Distribution of compensation.

       

      (1)  No compensation payable in respect of a worker died from injury and no lump sum amount payable as compensation to a person under a legal disability, shall be paid otherwise than by making deposit with the Labour Court.

       

      (2)  If any compensation mentioned in sub-section (1) is paid directly by an employer, it shall not be deemed to be a payment of compensation, unless the concerned worker, during the period of his employment, has nominated in the manner prescribed by rules any of his heirs to receive the compensation in the event of an injury resulting in his death and the compensation is paid to that nominated heir.

       

      (3) Notwithstanding anything contained in sub-section (1), in the case of a deceased worker, the employer may make advance payment as compensation to any of his dependents, and the Labour Court shall, deducting such advance from the compensation payable to such dependent, refund it to the employer :

      [Provided that where, in the case of a deceased worker, any amount is paid for his burial or treatment or carrying of dead body, it shall not be deducted from any amount paid in advance by the employer or from the compensation payable to the dependents through the Labour Court.]

       

      (4) Any other sum payable as compensation may be deposited with the Labour Court on behalf of the person entitled thereto.

       

      (5) A receipt given by the Labour Court shall be a sufficient discharge in respect of any compensation deposited with it.

       

      (6) On the deposit of any money as compensation in respect of a deceased worker under sub-section (1), the Labour Court may, if necessary, by a notice published, or served on each dependent, in such manner as it thinks fit, call upon the dependents to appear before it on such date as it may fix for determining the distribution of the compensation.

       

      (7) If the Labour Court is satisfied after any enquiry, which it may deem necessary, that there exists no dependent, the Court shall, after not less than 2 (two) years following the date of deposit, transfer the undistributed money deposited with it for the welfare of workers to such fund which the Government may, by notification in the official Gazette, specify or establish.

       

      (8) The Labour Court shall, on an application by the employer, furnish him a statement showing in detail all disbursements made by it.

       

      (9) Any compensation deposited in respect of a deceased worker shall, subject to any deduction made under the provisions of sub-section (3), be apportioned among the dependents of the deceased worker or among any of them in such proportion as the Labour Court thinks fit, or the Labour Court may, in its discretion, allot it to any one dependent.

       

      (10) Where any compensation deposited with the Labour Court is payable to any person, the Labour Court shall, if the person to whom the compensation is payable is not under any legal disability, pay to him, and in other cases, may pay to the person entitled thereto.

       

      (11) Where any lump sum deposited with the Labour Court is payable to a person who is under a legal disability, such sum may be invested or applied for the benefit of such person during his disability in such manner as the Labour Court may direct.

       

      (12) Where a half monthly compensation is payable to any person who is under a legal disability, the Labour Court may, on its own or on an application, give order to pay such compensation during his disability to any dependent of the concerned worker or to any other person whom the Labour Court thinks fit to provide for the welfare of such worker.

       

      (13) Where on an application or otherwise the Labour Court is satisfied that due to negligence of a parent to heir her children, or due to changes of the circumstances of any dependent, or for any other sufficient reason, any order of the Labour Court as to the distribution of any sum paid as compensation or any order of such Court as to the investment or application of any compensation payable to any such dependent is to be varied, the Labour Court may make such order for the variation of its former order as it thinks fit in the circumstances of the case:

       

      Provided that if such order is prejudicial to any person, such order shall not be made, unless such person has been given an opportunity of showing cause against such order, or in any case in which it is necessary to make repayment by the dependent of any sum already paid to him as compensation.

       

      (14) Where the Labour Court varies any order under sub-section (13) on the ground that the payment of compensation to any person has been obtained by fraud, impersonation or any other improper means, any compensation so paid may be recovered from him under the provisions of section 329.

       

       

      Sec.156. Prohibition to assign, attach or charge compensation.

       

       

      Save as provided in this Chapter, any lump sum or monthly compensation payable under this Chapter shall not be assigned, attached or charged, or shall not be transferred to any person other than the worker by operation of any law, or shall not be set off any claim against the same.

       

       

      Sec.157. Notice and claim.

       

       

      No claim for compensation shall be considered by the Labour Court, unless a notice of the accident is given in the manner hereinafter provided as soon as practicable after the occurrence thereof and unless the claim is preferred within 2 (two) years of the occurrence of the accident or in case of death within 2 (two) years of the date of death.

       

      (2) Where the accident is the contracting of a disease in respect of which the provisions of section 150 (3) is applicable, the accident shall be deemed to have occurred on the first day of the continuous absence of the worker in consequence of the disablement caused by the said disease.

       

      (3) Any defect or irregularity in or want of a notice shall not be a bar to the consideration of a claim

      (a) if the claim is preferred in respect of the death of a worker resulting from an accident which occurs

       

       (i) on the house or premises of the employer; or

       (ii) at the place where the worker was working under the control of the employer or of any person employed by him; and the worker died on such house or premises or place, or died before having left the vicinity of the house or premises or place; or

       

      (b) if the employer or any person responsible to the employer for the management of the trade or business in which the injured worker was employed had knowledge of the accident from any other source at or about the time when it was occurred.

       

      (4) The Labour Court may consider and decide any claim to compensation in any case notwithstanding that the notice is not given, or the claim is not preferred, in due time, as provided in the aforesaid sub-section, if it is satisfied that there was sufficient reason for the failure to give such notice or prefer such claim.

       

      (5) In every such notice the name and address of the person injured shall be mentioned and the cause of the injury and the date of the accident shall be stated in easy language, and shall be served on the employer or upon any person responsible to the employer for the management of the trade or business in which the injured worker was employed.

       

      (6) A notice under this section shall be served by delivering it at, or sending it by registered post addressed to, the residence or office, or place of business of the person on whom it is to be served, or where a notice-book is maintained, by making an entry in the notice-book.

       

       

      Sec.158. Power to require from employer statement regarding fatal accident.

       

       

      (1) Where a Labour Court receives information from any source that a worker has died as a result of an accident arising out of, and in the course of, his employment, it shall send, by registered post, a notice to the worker’s employer requiring him to submit, within 30 (thirty) days of the service of the notice, a statement, in the form prescribed by rules, giving the reasons and circumstances attending the death of the worker, and indicating whether, in the opinion of the employer, he is or is not liable to deposit compensation on account of the death,

       

      (2) If the employer is of the opinion that he is liable to deposit compensation, he shall make the deposit within 30 (thirty) days of the service of the notice.

       

      (3) If the employer is of the opinion that he is not liable to deposit compensation, he shall, in his statement, state the grounds of it.

       

      (4) Where the employer disclaims his liability as mentioned above, the Labour Court may, after such enquiry as it may think fit, inform any of the dependents of the deceased worker that it is open to the dependents to prefer a claim for compensation, and may provide them such other information, as the Court thinks fit.

       

       

      Sec.159. Report of fatal accident.

       

       

      Where, by any law for the time being in force, any notice is required to be given to any authority, as to the death resulting from an accident occurring in the house or premises of an employer, the employer or any other person on behalf of him shall, within 7 (seven) days of such death, send a report to the Labour Court giving the cause and surrounding circumstances of the death.

       

       

      Sec.160. Medical examination.

       

       

      (1) Where a worker gives notice of an accident, the employer shall, within 3 (three) days of service of such notice, cause the worker to be examined [at the expense of the employer] by a registered medical

      practitioner and the worker shall submit himself for such examination:

       

      Provided that if the accident or illness of the worker is of grave nature, the employer shall cause him to be examined at the place where the worker is staying.

       

      (2) If any worker continues to receive monthly compensation under this Chapter, he shall, if so required, submit himself for such examination from time to time.

       

      (3) Where a worker is not examined as aforesaid, he may get himself examined by a registered medical practitioner and the employer shall be liable to pay him the expenses for such examination.

       

      (4) No worker shall be ordered to present himself for medical examination under sub-section (1) or (2) otherwise than in accordance with rules made under this Chapter or on any day other than the day prescribed by rules.

       

      (5) If a worker being ordered by the employer under sub-section (1) or (2) or by the Labour Court at any time, refuses to present himself to the registered medical practitioner for medical examination or in any other way obstructs the same, his right to compensation shall remain suspended during the continuance of such refusal or obstruction, unless, in the case of refusal, he was prevented by sufficient cause from so presenting himself.

       

      (6) If a worker, before the expiry of the period within which he is supposed to present himself for medical examination under sub-section (1) or (2), voluntarily leaves, without having been so examined, the vicinity of his place of employment, his right to compensation shall remain suspended until he returns or offers himself for such examination.

       

      (7) If a worker, whose right to compensation is suspended under sub-sections (5) and (6) dies without having present himself for medical examination as required under any of the foregoing sub-sections, the Labour Court may, if it thinks fit, direct for the payment of compensation to the dependents of the deceased worker.

       

      (8) Where under sub-section (5) or (6) the right to any compensation is suspended, no compensation shall be payable in respect of the period of suspension and if the period of suspension commences before the expiry of the waiting period referred to in section 151(1)(b), the waiting period shall be increased by the duration of suspension.

       

      (9) Where an injured worker, being offered by the employer of medical treatment by a medical practitioner free of charge, refuses to accept it, or having accepted such offer deliberately disregards the instructions of such medical practitioner, and if it is proved that the worker has not thereafter been regularly attended by a registered medical practitioner or having been so attended has deliberately failed to follow medical practitioner's instructions and such refusal, disregard or failure was unreasonable in the circumstances of the case and the injury is aggravated thereby, the injury and the disablement evident from it shall be deemed to be of the same nature and duration as they might have reasonably been expected to be if the worker had been regularly attended by a registered medical practitioner and had followed his instructions, and the compensation, if any, shall be payable accordingly.

       

      (10) Where any employer or the injured worker is not satisfied with the report of the medical examination by a registered medical practitioner, he may refer the case for re-examination by a medical specialist of at least the rank of an Associate Professor of a Medical College, and the expenses incurred for such examination shall be borne by the employer or the worker, as the case may be.

       

      [(11) Where in any establishment at least 10 (ten) workers are working, the employer of such establishment may introduce and implement an insurance scheme against accident under group insurance programme for the workers, and the benefits or money received from such accident insurance scheme shall be spent for the treatment of the workers.]

       

       

      Sec.161. Compensation in the case of a contract.

       

       

       (1) Where any employer in the course of his trade or business or for the purposes of it contracts with any other person, hereinafter in this section referred to as the [contracting agency], for the execution of the whole or any part of any work which is ordinarily the part of his trade or business, the said employer shall be liable to pay to any worker employed by the contractor for the execution of the work any compensation which he would have been liable to pay if the worker had been directly employed by him and where compensation is claimed from the employer the wages received from the contractor shall be taken into cognizance for fixing the compensation.

       

      [(2) Where sub-section (1) applies, all compensation shall be paid by the principal or original employer.

       

      (3) Where the principal or original employer is of the opinion that the occurrence of death or injury of the concerned worker has been specially and in fact occurred as a result of violation of any rules of conduct on behalf of the contractor, he may, after depositing the full amount of compensation in the Labour Court (in the case of the death of the worker) or after payment of the prescribed amount of money to the worker concerned (in the case of the injury of the  worker), apply to the Chief Inspector to determine the share of the said amount which should be paid by the contractor to the principal or original employer, and the Chief Inspector shall, within 45 (forty five) days of receipt of the application, dispose of it according to rules.]

       

       

      Sec.162. Insolvency of the employer.

       

       

       (1) Where any employer is entered into a contract with any insurer in respect of any liability of the workers under this Chapter, in the event of the employer becoming insolvent or making a scheme of arrangement with his creditors, or if the employer is a company and it commences to be wound up,  the right of the employer against the insurer in respect of such liability shall, notwithstanding anything contained in any other law for the time being in force relating to insolvency or the winding up of a company, be transferred to and vest in the worker, and upon any such transfer the insurer shall have the same rights and remedies and be subject to the same liabilities, as if he were the employer, provided that the insurer shall not be under any greater liability to the workers than the employer would have been to the workers.

       

      (2) If the liability of the insurer to the worker is less than that of the employer, the worker may prove it in the insolvency or liquidation proceedings.

       

      (3) Where in any such case as is referred to in sub-section (1), the contract of the employer with the insurer is void or voidable by reason of non-compliance on the part of the employer with any terms and conditions of the contract, other than the payment of the premium, the provisions of the said sub-section shall apply as if the contract were not void or voidable, and the insurer shall be entitled to prove in the insolvency or liquidation proceedings the amount paid to the worker:

      Provided that the provisions of this sub-section shall not apply in a case where the worker fails to give notice to the insurer of the accident and of any resultant disablement after as soon as practicable, the initiation of the insolvency or liquidation proceedings became known to him.

       

      (4) Any compensation, the liability for payment of which arose before the date of the order of adjudication of an insolvent or, as the case may be, before the date of the commencement of the winding up proceedings of a company, shall be deemed to have been included among the debts which are repayable in priority over all other debts under section 49 of the Insolvency (Dacca) Act, 1909 (Act No. III of 1909), or under section 61 of the Insolvency Act, 1920 (Act No. V of 1920) and under section 230 of the Companies Act, 1994 (Act No. XVIII of 1994), in the case of distribution of the property of the insolvent or in the case of distribution of the assets of the company being wound up and the said Acts shall have effect accordingly.

       

      (5) Where the compensation is a monthly payment, the amount due in respect thereof shall, for the purposes of this section, be taken to be the amount of the lump sum for which the monthly payment could, if redeemable, be redeemed if application were made for that purpose under section 154, and a certificate of the Labour Court as to the amount of such lump sum shall be conclusive proof thereof.

       

      (6) The provisions of sub-section (4) shall apply in the case of any amount for which an insurer is entitled to prove under sub-section (3), but such provision shall otherwise not apply where the insolvent or the company being wound up has entered into such a contract with insurer as is referred to in sub-section (1).

       

      (7) The provisions of this section shall not apply where a company is wound up voluntarily for the purposes of reconstitution or of amalgamation with another company.

       

       

      Sec.163. Special provision for the master and seamen.

       

       

      (1) This Chapter shall, subject to the provisions of this section, apply to the master or seaman of a ship.

       

      (2) The notice of any accident and the claim for compensation shall, except where the person injured is the master of the ship, be served on the master of the ship as if he were the employer, but where the accident occurred and the disablement commenced on board the ship, it shall not be necessary for any seaman to give any notice of the accident.

       

      (3) In the case of death of a master or a seaman, the claim for compensation shall be made within 6 (six) months after the news of the death is received by the claimant or, where the ship is or is deemed to have been lost with all, within 18 (eighteen) months of such lose or so deemed to have been lost.

       

      (4) Where the injured master or seaman is discharged or left behind in a foreign country, any deposition taken by any Judge or Magistrate of that country or by any Consular Officer in that country and transmitted to the Government by him shall be admissible in evidence in proceedings for enforcing any claim, if-

      (a) the deposition is authenticated by the signature of the said Judge, Magistrate or Consular Officer;

      (b) the defendant or the person accused had an opportunity to cross-examine the witnesses; and

      (c) where the deposition was taken in the course of a criminal proceeding, it is proved that the deposition was taken in the presence of the person accused;

      and it shall not be necessary in any case to prove the signature or rank of the person appearing to have signed any such deposition and a certificate by such person that the defendant or the person accused had an opportunity to cross-examine the witness and that the deposition, if taken in a criminal proceeding, was taken in the presence of the person accused shall, unless the contrary is proved, be sufficient evidence that he had got the opportunity and that it was so made.

       

      (5) No monthly payment as compensation shall be payable in respect of the period during which the owner of the ship is, under any law for the time being in force in Bangladesh relating to merchant shipping, liable to defray the expenses of maintenance of the injured master and seaman.

       

       

      (6) No compensation shall be payable under this Chapter in respect of any injury in respect of which provision is made for payment of a gratuity, allowance or pension under the War Pension and Detention Allowances (Mercantile-Marine, etc.) Scheme, 1939 or the War Pensions and Detention Allowances (Indian seamen, etc.) Scheme, 1941, made under the Pensions (Navy, Army, Air Force and MercantileMarine) Act, 1939, or under the War Pensions and Detention Allowances (Indian seamen) scheme, 1942 made by the Government.

       

      (7) Failure to give a notice or making a claim or commence proceeding within the time specified under this Chapter shall not be a bar to the commencement of proceedings under this Chapter in respect of any personal injury, if

      (a) any application is made for payment in respect of that injury under any of the schemes referred to in sub-section (6); and

       

      (b) the Government certifies that the said application was made in the reasonable belief that the injury was one in respect of which the application was made under a scheme in which, there was provision for payment of money and that the application was rejected or the payment in pursuance of the application were discontinued on the ground that the injury was not such an injury; and

       

      (c) the proceedings under this Chapter are commenced within 1 (one) month from the date on which the said certificate of the Government was given. 

       

       

      Sec.164. Return as to compensation.

       

       

      The Government may, by notification in the official Gazette,  direct that every person employing workers or any class of such persons, shall send, at such time and in such form and to such authority, as may be specified in the notification, a correct return specifying the number of injuries in respect of which compensation was paid by the employer during the previous year and the amount of such compensation, together with such other particulars as to the compensation as the Government may direct.

       

      Sec.165. Agreement as to indemnity or reduction of liability be void.

       

       

      Any agreement, made before or after the commencement of this Act, whereby a worker relinquishes any right of compensation from the employer for personal injury arising out of or during the course of the employment, shall, to such extent as to remove or reduce the liability of any person to pay compensation under this Chapter, be void.

       

       

      Sec.165. Agreement as to indemnity or reduction of liability be void.

       

       

      Any agreement, made before or after the commencement of this Act, whereby a worker relinquishes any right of compensation from the employer for personal injury arising out of or during the course of the employment, shall, to such extent as to remove or reduce the liability of any person to pay compensation under this Chapter, be void.

       

       

      Sec.166. Certain questions shall be sent to Labour Court for settlement.

       

       

       (1) If any question arises in any proceedings under this Chapter as to the liability of any person to pay compensation or whether the injured person is or is not a worker, or the amount or duration of compensation, or any question as to the nature or extent of disablement, the question shall, in the absence of an agreement, be settled by the Labour Court.

       

      (2) No civil Court shall have jurisdiction to settle any question which is by or under this Chapter required to be settled by the Labour Court or to enforce any liability incurred under this Chapter.

       

       

      Sec.167. Venue of proceedings.

       

       

      Where any matter under this Chapter is to be done by or before a Labour Court, the same shall, subject to the provisions of this Chapter and any rule, be done by or before that Labour Court having jurisdiction in the area in which the accident took place resulting the injury:

       

      Provided that where the worker is the master of a ship or a seaman, any such matter shall be done by or before a Labour Court having jurisdiction in the area in which the owner or agent of the ship resides or carries on business.

       

       

      Sec.168. Condition of application.

       

       

      No application, other than the application by [the worker who himself suffers losses or by a dependent] for compensation, for the settlement of any matter by a Labour Court under this Chapter, shall be made, unless the both parties have failed to settle the question raised as to such matter by agreement.

       

       

      Sec.169. Power of the Labour Court to require more deposit in cases of fatal accident.

       

       

       

      (1) Where any sum is deposited by the employer as compensation payable in respect of a worker whose injury has resulted in death, and in the opinion of the Labour Court such sum is insufficient, the Court may, by notice in writing stating its reasons, call upon the employer to show cause as to why he should not make a further deposit within such time as my be specified in the notice.

       

      (2) If the employer fails to show cause to the satisfaction of the Labour Court, the Court may make an award determining the total amount payable as compensation and require the employer to deposit the deficiency.

       

       

       

       

       

       

       

       

       

       

       

       

       

       

       

       

       
       170. Registration of agreements.

      (1) Where the amount of any lump sum payable as compensation is fixed by an agreement, either by way of redemption of a monthly payment or otherwise or where such fixed compensation is payable to a person under a legal disability, a memorandum thereof shall be sent by the employer to the Labour Court, and the Court shall, on being satisfied as to its genuineness, record it in a register in the manner prescribed by rules: Provided that

      (a) no such memorandum shall be recorded before the expiry of 7 (seven) days of communication thereof to the parties by the Labour Court;

      (b) the Court may at any time rectify the register;

      (c) if it appears to the Labour Court that an agreement as to the payment of a lump sum, whether by way of redemption of a monthly payment or otherwise, or an agreement as to the amount of compensation payable to a person under a legal disability, should not be registered by reason of the inadequacy of the sum or amount or by reason of having been obtained by fraud or undue influence or other improper means; the Court may make such order as to any sum already paid under the agreement, as it thinks just in the circumstances.

      (2) Notwithstanding anything contained in any other law, an agreement for the payment of compensation registered under sub-section (1) shall be enforceable under this

       

      Act. 171. Effects of failure to register agreement. Where a memorandum of any agreement required to be registered under section 170 is not sent to the Labour Court under that section, the employer shall be liable to pay the full amount of compensation which is payable by him under this Chapter, and he shall not, unless the Labour Court otherwise directs, be entitled to deduct more than half of any amount paid to the worker by way of compensation, whether under an agreement or otherwise.

       

      172. Appeals.

      (1) An appeal shall lie to the Tribunal against the following orders of a Labour Court under this Chapter, namely: (a) an order awarding as compensation a lump sum whether by way of redemption of a monthly payment or otherwise, or disallowing a claim in full or in part for a lump sum; (b) an order refusing an application to allow redemption of a monthly payment by payment of money; (c) an order providing for the distribution of compensation among the dependents of a deceased worker, or an order disallowing any claim of a person alleging himself to be such dependant; (d) an order allowing or disallowing any claim for any amount of compensation under the provisions of section 161 (2); (e) an order refusing to register a memorandum of agreement or registering the same or providing for registration thereof , subject to conditions; or (f) an order under section 155 (7).

      (2) No appeal shall lie in any case in which the parties have agreed to abide by the decision of the Labour Court or in which the order of the Labour Court gives effect to an agreement entered into by the parties.

      (3) No appeal by an employer under sub-section (1) (a) shall lie, unless the memorandum of appeal is accompanied by a certificate by the Labour Court to the effect that the appellant has deposited with it the amount payable under the order concerned.

      (4) No appeal shall lie against any order unless a substantial question of law is involved in the appeal, and no appeal shall lie against an order, other than the order as is referred to in sub-section (1) (b), unless the amount in dispute in the appeal is not less than 1,000 (one thousand) taka.

      (5) The period of limitation for an appeal under this section shall be 60 (sixty) days.

      (6) The provisions of section 5 of the Limitation Act, 1908 (Act No. IX of 1908) shall apply to an appeal under this section.

       

      173. Withholding of certain payments subject to decision of appeal.

      Where the employer prefers an appeal under section 172 (1) (a), the Labour Court may, subject to the decision of the appeal, withhold payment of any sum deposited with it, and if the Tribunal so directs, it shall surely be withheld.

       

      174. Rules to give effect to arrangement with other countries for the transfer of money paid as compensation.

      (1) The Government may, by notification in the official Gazette, make rules

      (a) for the transfer of money deposited with a Labour Court under this Chapter to any other country which is payable to, or is due by, any person, who is residing or about to reside in that country; and

      (b) for the receipt, distribution and administration in Bangladesh of any money deposited under the law relating to worker’ compensation in any other country, which is payable to, or is due by, any person residing or about to reside in Bangladesh:

      Provided that no sum deposited under this Chapter in respect of any fatal accident shall be so transferred without the consent of the employer concerned, until the Labour Court receiving the sum has passed orders determining its distribution and apportionment under the provisions of section 155(4) and (5).

      (2) Where money deposited with a Labour Court is so transferred in accordance with the rules made under this section, the provisions elsewhere contained in this Chapter regarding distribution by the Labour Court of compensation deposited with it shall cease to apply in respect of any such money