Bangladesh - Asia Monitor Resource Centre 1- Bangladesh.pdfCountry Report: Bangladesh 23 II Procedures for payment of compensation 2.1 Payment of compensation The Bangladesh Labour

While many changes have been seen in the last decades in social, cultural, financial, industrial and other aspects of life in Bangladesh, very few changes have been made to improve the safety and health conditions of workers in vulnerable work situations. The labour force is close to 56 million, half of whom are engaged in agriculture. The ratio between workers employed in the formal sector and those in informal work is 20:80. The Bangladesh Labour Act, 2006, the key labour law of the country, does not cover enterprises employing less than five workers as well as workers in the informal economy. Thus, despite the nation’s many advances, the rights of a large section of the workforce as well as their health and safety at work remain undefined and unprotected.

According to ILO estimates, about 12,000 workers suffer from fatal ‘accidents’ and a further 24,000 die from work-related diseases in Bangladesh each year. It also estimates that a further eight million workers suffer from injuries at work – many of which will result in permanent disability. However, no acceptable official statistics exist at national level due to OSH underreporting practices. According to recent report by the Bangladesh Occupational Safety, Health and Environment Foundation (OSHE), which monitors newspaper reports, at least 1,363 workers died and 830 workers were injured in various work-related accidents in (calendar) 2012. The real death and injuries figures are assumed to be much higher than OSHE’s newspaper monitoring result or the estimation of the ILO. While the newspapers are under no obligation to report all workplace deaths and injuries, the difference in the numbers reported and the ILO estimate is too great to accept.

The five sectors with the highest workplace death and injury rates are garments, construction, shipbreaking, transport and agriculture The Bangladesh Labour Act sets out the circumstances in which ‘employers’ and others should pay compensation to an injured worker or – when a worker dies – to that worker’s dependents. A worker can obtain compensation for an ‘occupational disease’, when either of these conditions exist: The disease he or she contracts is considered to be ‘peculiar’ to the kind of employment in which he or she works as specified in Part A of Third Schedule of the Labour Law, or the worker,

BangladeshBy Repon Chowdhury

20 OSH Legal Resources Handbook

after a continuous period of employment of not less than six months in any employment specified in Part B of the Third Schedule, contracts a disease ‘peculiar’ to that industry (See Annexure). If either of these situations exist, then the disease is treated as an ‘injury by accident” and shall be deemed to have arisen in the course of employment.’

Two recent serious work accidents in Bangladesh have received widespread media coverage. The first was the collapse of Rana Plaza in Savar in Greater Dhaka in which 1,135 persons were killed and many more were injured. The workers were employed in four garment factories located in that building. The second was a devastating fire at Tazreen Fashions at Ashluia, which killed 111 garment workers making clothes for the world’s leading fashion brands, such as H&M, Wal-Mart, and Sears. The causes of these accidents were man-made, more specifically they were due to the negligence of safety procedures and practices by the factory owners. The injured workers and their families are now protesting in the street, struggling to gain proper compensation and social rehabilitation. These victims face a long wait and a long fight to obtain compensation, despite the fact that the Bangladesh Labour Law provides several different probations which could settle the cases in a timely manner.

I. Legal framework for workers’ protection

1.1 Bangladesh Labour Act 2006

The Bangladesh Labour Act 2006 was passed by Parliament with effect from 11 October 2006. With the enactment of this new law, 27 outdated pre-existing labour laws were repealed. These included the Factories Act 1965, Payment of Wages Act 1936, Shops and Establishments Act 1965, Maternity Benefit Act 1939, Industrial Relations Ordinance, 1969, and Employment of Labour (S.O) Act 1965.

The major sections of the Bangladesh Labour Act, 2006 are:

(i) Conditions of service and employmentThese sections include the conditions of employment, classification

of workers, letters of appointment and identity card, service book, form of service book, entries in the service book, registration of workers and supply of tickets and cards. (Sections 3-9)

Country Report: Bangladesh 21

(ii) Health and hygieneThese sections of the Act describe the terms and conditions of

cleanliness, ventilation and temperature, dust and fume, disposal of waste and effluents, overcrowding, lighting, drinking water, latrines and urinals, etc. in the workplace. (Sections 51-60)

(iii) Safety These sections include the regulations on the safety of the building

and machinery, fire precautions, fencing of machinery, work on or near machinery in motion, cranes and other lifting machinery, hoists and lifts, floors, stairs and means of access, etc. (Sections 61-78)

(iv) Working hours and leaveThese sections describe the rules and regulations regarding

daily working hours, intervals for rest or meals, weekly hours, weekly holiday, compensatory weekly holiday , night shift, extra allowances for overtime, casual leave, sick leave, annual leave with wages, festival holidays, etc. (Sections 100-119)

(v) Wages and paymentThese sections contain the special definition of wages,

responsibility for payment of wages, fixation of wage periods, time of payment of wages, wages to be paid in current coin or currency notes, deductions for absence from duty, etc. (Section 120-137)

(vi) Trade unions and industrial relations, disputesThese sections narrate the rules and regulations of special

definition of worker, trade unions of workers and employers, collective bargaining agent, participation committee, industrial disputes, lockout and strike, etc. (Sections 175-211)

(vii) PenaltiesThese sections detail the penalties for non-compliance with

Labour Court orders, including the penalty for employment of children and adolescents; the penalty for unfair labour practices; the penalty for an illegal strike or lock-out; the penalty for taking part in or instigating a go-slow campaign; and the penalty for general offences by workers. (Sections 283-307)


1.2 List of occupational diseases

The Bangladesh Labour Act 2006 recognises the following occupational diseases:1. Anthrax 2. Compressed air illness or its sequel3. Poisoning by lead tetraethyl4. Poisoning by nitrous fumes5. Poisoning by manganese6. Poisoning by carbon bisulphate7. Poisoning by tetraflorethane8. Poisoning by insecticides or pesticides9. Infection by leptospira icterrohaemorrhagica10. Poisoning by tricresyl phosphate11. Chrome ulceration or its sequel12. Injury caused by exposure to the glare or rays from molten glass or

molten or red hot metal13. Poisoning by beryllium14. Poisoning by dinitrophenol or a homologue15. Carcinoma of the mucous membrane of the nose or associated air

sinuses, or primary carcinoma of a bronchus or of a lung16. Primary neoplasm of the epithelial lining of the urinary bladder

(papilloma)17. Lead poisoning or its sequel excluding poisoning by lead tetraethyl18. Phosphorous poisoning or its sequel19. Mercury poisoning or its sequel20. Poisoning by benzene and its homologues of the sequel of such

poisoning 21. Arsenical poisoning or its sequel22. Pathological manifestations due to (a) radium and other

radioactive substances; (b) x-ray23. Primary epitheliomatous (skin cancer)24. Silicosis25. Coal miner’s pneumoconiosis26. Asbestosis27. Bagassosis28. Byssinonis29. Writer’s cramp30. Twister’s cramp31. Miner’s nystagmus32. Dermatitis33. Fibrosis of the lungs


II Procedures for payment of compensation

2.1 Payment of compensation

The Bangladesh Labour Act 2006 (BLA) sets out the circumstances in which employers and others should pay compensation to an injured worker or in the case of the death of that worker to his or her dependents.

The act gives the Labour Court the power to determine any question relating to whether an employer should pay compensation and, if so, how much compensation should be provided. However, in relation to any non-fatal injury, no application can be made by the injured worker to the court unless he or she has first tried to come to an ‘out of court’ agreement with the employer.

In contrast, in the case of a worker’s death, the Court is the body responsible for the distribution of the compensation to the worker’s dependents – and the employer should deposit the fixed amount of compensation with the court.

The act sets out the following procedure for an employer to pay compensation.1. The employer of a worker who has died should inform the Labour

Court about the circumstances of the death within seven days of the death taking place. Failure to do so is an offence.

2. The employer should deposit with the Labour court, Tk. one lakh (Tk 100,000) (US$1:Tk78.85). An employer can only be asked to give money if one of the workers were to die at work.

3. If, however, the employer has given money directly to the worker’s dependents as an ‘advance’ on the compensation, then the Labour Court, on receiving the deposit from the employer, shall return to the employer the sum of money already paid to the dependent.

4. After the money has been deposited, the Labour Court should summon the dependents to court to determine how the money should be distributed. It is entirely at the court’s discretion to determine how the money should be allocated between the dependents.

5. If the court considers that Tk.1 lakh is ‘insufficient’, it can request the employer to make a further deposit of money with the court within a particular time period, providing reasons for such a request. The employer is provided an opportunity to respond to this request, and the court can make a final decision on what further deposit is required.


Where the court is satisfied that no dependents exist, it can, after at least two years have passed, transfer the money for the benefit of the workers as the government specifies.

6. If the court has not been informed by the employer that a worker has died, but the court has been informed by some other source, the court may send by registered post a notice or a statement, in the prescribed form, giving the circumstances relating to the death of the worker, and request that the employer reply, indicating whether in the employer’s opinion he is or is not liable to deposit compensation.

� If the employer considers himself to be liable, he should deposit the compensation within 30 days of receiving the court’s notice;

� If the employer considers himself not liable to deposit compensation, he should in his statement to the court set out the reasons;

� The court should then consider the reasons, and, if appropriate, inform any of the dependents of the deceased worker that it is open to them to make a claim for compensation and provide any further necessary information.

It should be noted that although the Labour Act does not allow compensation to be given directly to dependents and in fact makes any agreement between the employer and dependents unlawful, it is the practice in Bangladesh for compensation, if it is given at all, to be given directly to the dependents.

2.2 Providing notice to the employer

The act sets out the circumstances in which the injured worker should give ‘notice’ to the employer about his or her injury. However, a notice does not need to be given if the accident resulting in the injury occurred:1) on the employer’s premises; 2) or at a place where the worker was under the control of the

employer; 3) or at a place that belonged to the employer;4) or if the injury came to the knowledge of the employer, or

any manager of the part of the business where the worker was employed, or from any source at or about the time that the accident occurred.


In all other situations – and in order to be able to subsequently make a claim before the Labour Court – ‘notice’ to the employer needs to be given. The act sets out the following rules in relation to giving notice:

Notice of the accident must be given to either the employer or to any person responsible to the employer for the management of any branch of the trade or business in which the injured worker was employed.

Notice must be given by providing; �� the name and address of the person injured;�� the cause of the injury in ordinary language; and �� the date on which the accident happened;

Notice is served if it is delivered at or sent by registered post to the residential or office address of the person on whom it is to be served or by entry in the office notice-book. The issue of ‘notice’ only becomes significant if the injured worker has not been able to agree the level of compensation with the employer and wishes to make a claim for compensation in the Labour Court.

2.3 Obtaining a medical examination

The act states that within three days of receiving notice that a worker has been injured, the employer should provide the worker with a free medical examination, to which the worker must agree.

Where the employer does not provide this medical examination, the worker can get himself examined by another medical examiner, and the employer must reimburse the costs.

Where the worker refuses to undertake a medical examination (as required by the employer or from an order of the Labour Court), unless there was sufficient reason for the refusal, his right to compensation is suspended until he agrees.

If either the worker or the employer is not satisfied with the medical report, they can refer the case to a medical specialist at least of a rank of an associate professor of a medical college.

2.4 Rates of compensation

Injuries that can result in compensation are divided into four categories:


�� permanent total disability;�� temporary total disability;�� permanent partial disability;�� temporary partial disability;

Following a ‘permanent total disability’, the employer must pay Tk125,000 to the worker, unless the injury is suffered by a person under 18 years of age in which case he must pay Tk10,000.

Following a ‘permanent partial disablement’ – where the injury is one which is mentioned in Schedule 1 of the Act (See Annexure of this report) – the level of compensation is determined by multiplying Tk125,000 (or Tk1.25 lakh) by the percentage linked to the particular injury in the schedule that represents the likely loss of earning capacity of that worker. Where the injury is not mentioned in the schedule, the level of compensation is a figure representing the percentage of loss of earnings to the worker which is then multiplied by Tk125,000.

In cases of temporary disablement, whether total or partial, the employer should pay wages for the period of disablement, though this period should be no longer than a year and should compensate the worker according to the following:

(a) for the first two months, the employer should pay full wages;(b) for the next two months, the employer should pay two-

thirds of the monthly wages; (c) for the remaining months, the employer should pay half of

the monthly wages.

Where more than one injury is caused by an accident causing permanent partial disablement, the amount of compensation for each injury should be aggregated, but it should not exceed the total amount allowed for permanent total disability.

In the case of a ‘chronic occupational disease’, the worker will receive half of his monthly wages during the period of his or her disablement for a maximum of two years.

2.5 Compensation by agreement

The Bangladesh Labour Act requires that the worker and the employer should attempt to agree a level of compensation – and can only file a case in court when agreement on a settlement has failed. All agreements involving a lump sum payment (i.e. cases involving total or partial permanent injury) must be registered with the court.


The employer should first send a memorandum to the court setting out the terms of settlement. The court should then communicate to both parties that it intends to register the agreement based on the figures that were sent by the employer; and after waiting for at least seven days, the court should then register the agreement.

If the employer fails to send a memorandum of the agreement to the court, the employer is liable to pay the full amount of compensation as required by law. However, if the employer has in fact paid the worker more than twice what the law requires (i.e. more than Tk250,000 if the worker suffered a permanent disability), the employer cannot deduct more than half of the money paid unless the court authorizes this.

2.6 Failure to reach an agreement

If it is not possible for the worker and the employer to agree on the amount of compensation, the worker must file the case “as soon as practicable” and within two years of the incident, though if there is a delay, the court can still consider the claim, if it considers that there was ‘sufficient cause’.

Appeals to the Labour Appellate Tribunal are allowed when there is a ‘substantial question of law is involved’ and in most situations when the sum in dispute is more than Tk 1,000. No appeals are allowed if the parties agreed to abide by the decision of Labour Court. Appeals should be made within sixty days of the ruling of the court.

Under Section 157 (2) of the act, where the accident involves the contracting of a disease, the accident shall be deemed to have occurred on the first day on which the worker was continuously absent from work in consequence of the disablement.

III Challenges and recommendations

Issues of occupational health and safety in the workplace and the awarding of proper compensation are often complex and drawn out over a long period of time. As such a single worker cannot hope to handle these issues on his or her own. Many of these issues would be ably monitored and managed by a trade union. However, the Committee of Experts of the International Labour Organization (ILO) has for years enumerated the many ways in which the Bangladesh’s Labour Act of 2006 fails to comply with the minimum requirements of ILO Conventions 87 on the Freedom of Association and the Right to Organize and Convention 98 on the Right to Organize and Collective Bargaining.


In 2012, the Committee of Experts again restated these observations. It is very important for the Ministry of Labour and Employment to address fully each of these deficiencies. Of particular note is the current minimum membership requirement of the Act that requires that 30 percent of the total number of workers employed in an establishment or group of establishments participate in the union. This is far too high, erecting a nearly insurmountable barrier to union formation, especially in large enterprises.

The inclusion of other classes of workers, currently not covered by the law, including informal workers – such as domestic workers – is vitally important. The government of Bangladesh should be required to make sure all workers are able to fully enjoy the rights afforded by Conventions 87 and 98.

While establishing a juridical framework consistent with international obligations is essential, the government also fully implements those laws in practice. The government urgently needs to establish expeditious procedures for the registration of trade unions. The registration of trade unions should be a simple, administrative process. If there are deficiencies in an application, the applicants must be apprised of those problems and be allowed to amend their application accordingly.

3.1 Practical problems regarding the Labour Court in Bangladesh:

Practical problems regarding the Labour Court in Bangladesh include:

• Thenumberof labour courts available inBangladesh isinsufficient to handle the volume of cases.

There are only seven labour courts in Bangladesh. Of the seven labour courts, three are in Dhaka, two in Chittagong, one each in Rajshahi and Khulna.

With so few courts handling these cases, it is not possible to enforce many of the labour-related laws. Therefore, the number of labour courts should be increased to more expeditiously handle the volumes of cases. Government must take the necessary initiatives in this regard.

• ThemembersoftheCourtarenotprovidedwithreasonablefacilities and reasonable remuneration. This is demotivating and discouraging and as such hampers the early disposal of cases.


Therefore, it is recommended that a standard remuneration package along with admissible benefits should be offered to the members of the court. It is believed that if lucrative remuneration were offered to these officers of the court, the speed of the work would also increase.

• TheMembersofLabourCourtareappointedonapart-timebasis.

We think that this is one of the main reasons for the backlogs of cases. Therefore, it is recommended that the appropriate government departments should address this issue for necessary remedy.

• Section218 (11)of theBangladeshLabourCode,2006states that- “The Judgment of the Labour Appellate Tribunal shall be delivered within a period of not more than 60 days following the filing of the appeal…provided that, no such judgment shall be rendered invalid by reason only of any delay in its delivery.”

Because of the last part of this provision, it can take as long as four to five years to get a judgment. In addition, there is a chance of time petition by the parties, especially employers. Because of this lengthy process, workers are reluctant to pursue an appeal of their case. A lack of financial resources prevents the workers from filling cases against management. In addition, the frequent shifting of the date of the hearing frustrates aggrieved and ailing workers

It is recommended that the law be amended to include a clause stating that the Judgment of the Labour Appellate Tribunal shall be delivered within a period of not more than 60 days following the filling of the appeal..

• TheGovernmentandotherrelevantagenciesarereluctanttopay proper attention to the problems of Labour Court.

The latter issue is another reason for the backlog of cases. To overcome this problem, the government, along with other relevant agencies, should clarify the channels of responsibility and assign adequate manpower to facilitate the proper operation of the courts.

3.2 Misuse of the “termination clause”

The ‘termination clause’ is a black law which remains in the new Labour Code. A termination notice is considered the safest step for the employer to remove a worker. Though it is the safest step, it could be


the most expensive method of removing a worker in the sense that the employer will have to give four months’ notice of termination or wages in lieu of the same period and compensation which is a much higher sum compared to simple discharge and dismissal. With this clause, wide power is given to the employer for the purpose of removing a worker from his workplace. Now, the question arises whether the four months’ notice or wages in lieu of the same period is sufficient to remove a worker from his service without any reasonable grounds. A worker may not able to find suitable work within four months. Because of this termination clause, the employers have a great loophole in to the Bangladesh Labour Code, 2006 as regards proper compensation of workplace injury or illness.

It is strongly recommended that this clause be removed from the Bangladesh Labour Code, 2006. Although the court in the case of U.B. Datt & Co. vs. Workmen, AIR 1953 SC 411 held that if the termination of service was an improper exercise of the power or as a result of victimization or unfair labour practice, the labour court or tribunal would have jurisdiction to intervene and set aside such termination. Nevertheless, most of the time the workers do not get natural justice (i.e. does not get back his job).

For this reason and for the purpose of protecting the interests of workers, the ‘termination clause’ should be removed from the Labour Code.

3.3 Limitations of the Labour Administration and Inspection Office

The Ministry of Labour and Employment has several agencies or departments under its administration. The Department of Inspection for Factories & Establishments is one of those. There are some limitations relating to the Department of Inspection for Factories and Establishments including the following:

Absence of provisions on the inspection of a factory under construction

To start any activity, a factory must fulfil some requirements. For example, prior written permission from the Chief Inspector (CI) is compulsory before setting up a factory according to the Labour Code. The duty of the Ministry’s Engineering Wing is to approve the plans for the factory. If plan is satisfactory, then the Chief Inspector will provide a certificate of registration to the concerned employers who want to set up a factory.


According to Section 326 of Bangladesh Labour Code, 2006, “If an application for permission accompanied by the plans & specifications is sent to the Chief Inspector and no order is communicated to the applicant within two months from the date of its receipt by the Chief Inspector, the permission applied for in the said application shall be deemed to have been granted.”

If the Chief Inspector refuses permission, then the aggrieved party, within 60 days of the date of such refusal, can appeal to the government, i.e. to an authority higher than the Chief Inspector.

Factories’ Inspection Office (IO) lacks manpower

Most of the time the Inspection Office fails to execute the laws relating to factories. Their argument is a lack of manpower. As of December 2012, a total of 28,246 factories were registered under the Inspection Department. In addition, around three million establishments of various types, 170 tea gardens and 80 ship breaking yards were also covered by this department.. But there are only 182 inspectors in the Department of Inspection for factories and establishments. It is impossible for the department to fulfil its responsibilities with such a small staff. The Inspection Office has stated that if the number of inspectors can be increased in line with the total number of factories and establishments, then it could carry out its duties properly.

Lack of provisions for receiving and handling complaints at the Inspection Office

It is not only a question of manpower that hinders the efficacy of the Inspection Office. There are many problems regarding the construction and operation of factories where the remedies are far from simple. However, we believe that the Inspection Office can handle these issues effectively.

3.4 Problems relating to the multi-standard definition of ‘child labour’

A ‘child’ has been defined in the United Nations’ Convention on the Rights of the Child (UNCRC) as a person under the age of 18 years. This includes infancy, early childhood, middle childhood and adolescence. This is the universally accepted definition of child, though the convention allows every society to draft its own laws and customs.


ILO Convention 182 similarly recognizes all people under the age of 18 as a child. This definition is gaining acceptance all over the world. ‘ILO Convention 182 is a convention which addresses the worst forms of child labour. It was ratified by Bangladesh in 2001.

However, the laws of Bangladesh have not been consistent in their definition of ‘child’. For example, the ‘Employment of Children Act, 1938’ defines a child as a person who has not reached fifteen years of age. In Section 353 of the Labour Code, 2006 it is stated that the laws No. 2 and 7 (i.e., The Children/Pledging of Labour Act, 1933), as well as The Employment of Children Act, 1938 and the Factories Act, 1965 have all been repealed. However, ‘The Children Act, 1974’ has not been repealed, meaning this act is still in force.

In ‘The Children Act, 1974’ a child is a person who has not yet reached 16 years of age. Moreover, the Contract Act, 1872 & the Majority Act defines a child as one who is under 18 years of age. But as per section 2(63) of the Labour Code, 2006- “a child” means a person who has not completed his fourteenth year of age.”

That means the definition of a child is inconsistent. The condition of Bangladeshi working children can easily be presumed from this multi-standard definition of child under the laws of the country. Most of these differences in the laws are on the age of the working children. In summary, most of the child labour laws in this country have some defect to correspond with the definition of UNCRC and differ amongst themselves.

Hence, it is important to develop a uniform definition of child in line with the UNCRC that will be applicable for all the purposes.


ANNEXURE

Schedules 1, 2, 3 and definition of ‘worker’ in BANGLADESH LABOUR ACT 2006

SCHEDULE I[Section 2 (1), (67) and Section 151]

List of injuries deemed to result in permanent partial disablement

SL. Description of injuries percentage of loss of NO earning capacity 1. Loss of both hands of amputation at higher sites 100 2. loss of a hand and a foot 100 3. Loss of sight in both eyes to such an extent as 100 to render the claimant unable to perform any work for which eyesight is essential 4. Double amputation throughout leg or thigh, 100 or amputation of leg or thigh on one side and loss of either foot 5. Very severe facial disfigurement 100 6. Absolute deafness 100 7. Amputation through shoulder joint 80 8. Amputation below shoulder with stump less 70 than 20 centimetres from tip of acromion 9. Amputation from 20 centimetres from tip of 60 acromion to less than 11 centimetre s below tip of olecranon 10. Loss of a hand or of the thumb and four fingers 60 of one hand or amputation from 20 centimetres below tip of olecranon 11. Loss of thumb 30 12. Loss of thumb and its metacarpal bone 30 13. Loss of four fingers of one hand 50 14. Loss of three fingers of one hand 30 15. Loss of two fingers of one hand 20 16. Amputation through both feet proximal of thumb 10 17. Amputation of both feet 90 18. Amputation through both feet proximal to the 80 metatarso phalangeal joint 19. Losses of all toes of both feet throughout 40 20. Loss of all toes of both feet proximal to the 30 proximal inter phalangeal


21. Loss of toes of both feet distal to the proximal 20 phalangeal joint 22. Amputation at hip 90 23. Amputation below hip with stump not exceeding 80 12.5 centimetres in length measured from tip or great trochanter but not beyond middle thigh 24. Amputation below hip with stump not exceeding 70 12.5 centimetres in length measured from tip of great trochanter 25. Amputation below middle thigh to 9 centimetres 60 below knee 26. Amputation below with stump exceeding 9 50 centimetres but not exceeding 12.5 centimetre 27. Amputation below knee with stump exceeding 40 12.5 centimetres 28. Amputation of one foot resulting in end-bearing 30 stump 29. Amputation through one foot proximal to the 30 metatarso phalangeal joining 30. Loss of all toes of one foot through the metatarso 20 phalangeal joint

Other injuries 31. Loss of one eye, without complications, the other 40 being normal 32. Loss of vision of one eye without complication of disfigurement of eye ball, the other being normal 30

Fingers of right or left hand: Index finger 33. Whole 14 34. Two phalanges 11 35. One phalanx 9 36. Guillotine amputation of tip without loss of bone 5

Middle finger 37. Whole 12 38. Two Phalanges 9 39. One phalanx 7 40. Guillotine amputation of tip without loss of bone 5

Ring or little finger 41. Whole 7 42. Two Phalanges 6 43. One phalanx 5 44. Guillotine amputation of tip without loss of bone 5


Toes of right or left foot 45. Through metatarso- phalangeal joint 10 46. Part, with some loss of bone 3

Any other toe 47. Through metatarso- phalangeal joint 3 48. Part, with some loss of bone 2

Two toes of one foot, excluding big toe 49. Through metatarso- phalangeal joint 5 50. Part, with some loss of bone 2

Three toes of one foot, excluding big toe 51. Through metatarso- phalangeal joint 6 52. Part, with some loss of bone 3

Four toes of one foot, excluding big toe 53. Through metatarso- phalangeal joint 9 54. Part, with some loss of bone 5


SCHEDULE II

[Section 82 and 83]List of modifiable diseases

1. Lead poisoning;2. Lead terrachthyl poisoning;3. Phosphorus poisoning;4. Mercury poisoning;5. Manganese poisoning;6. Arsenic poisoning;7. Poisoning by nitrous fumes;8. Carbon bi-sulphide poisoning;9. Benzene poisoning including poisoning by any of its homologues,

their nitro or amino derivatives;10. Chrome ulceration;11. Anthrax;12. Silicosis;13. Poisoning by Halogens;14. Pathological manifestations due to x-ray or radium or other radio-

active substances;15. Primary epithilmatous cancer of the skin;16. Toxic anaemia;17. Jaundice arising from poisonous substance;18. Oily abscess or dermatitis arising from mineral oil or compound

of mineral oil;19. Byssionsis;20. Asbestosis;21. Occupational or touchy dermatitis arising from chemical sub-

stance or dyes;22. Deafness due to high sound;23. Beryllium poisoning;24. Carbon-monoxide;25. Coal miners’ pneumoconiosis;26. Phosgene poisoning;27. Occupational cancer;28. Isosientis poisoning;29. Poisonous kidney pain;30. Tremulous occupational disease.


SCHEDULE III

List of injuries deemed to result in permanent partial disablement.List of occupational diseases

Sl. Occupational Employment No

PART-A

1. Anthrax Any employment (a) involving the handling of wool, hair, bristles, animal carcasses, or residues thereof; or (b) in connection with animals infected with anthrax; or (c) involving the loading, unloading or transport of any merchandise. 2. Compressed air illness or Any process carried on in compressed its sequelae. air. 3. Poisoning by lead tetraethyl Any process involving exposure to the fumes. 4. Poisoning by nitrous fumes Any process involving exposure to nitrous fumes. 5. Poisoning by manganese. The use of handling of, or exposure to the fumes, dust or vapour of manganese or a compound of manganese or substance containing manganese. 6. Poisoning by carbon The use of handling of, or exposure to bisulphate. the fumes, dust or vapour of carbon bisulphate or a compound of carbon bisulphate or a substance containing carbon bisulphate. 7. Poisoning by tetracholorethane The use of handling of, or exposure to the fumes, dust or vapour containing tetracholorethane. 8. Poisoning by insecticides or The spraying of insecticides or Pesticides. pesticides.

PART-B

9. Infection by leptospira Employment in rat infested work icterrohaemorrhagica. places. 10. Poisoning dinitrophenol or a The use or handling of, or exposure to homologue. the fumes of, or vapour containing tricresyl phosphate.


11. Poisoning by tricresyl Phosphate. The use or handling of, or exposure to the fumes of, or vapour containing tricresyl phosphate 12. Chrome ulceration or its sequelae. The use or handling of chromic acid, chromates or dichromate of ammonium, potassium, sodium or zinc, or any preparation or solution containing any of these substance. 13. Contact produced by exposure Frequent or prolonged exposure to the to the glare or, or rays from glare of, or rays from, molten glass or molten glass or molten or red red hot metal. hot metal. 14. Poisoning by beryllium. The use or handling of, or exposure to the fumes, dust or vapour of beryllium or a compound of beryllium or a substance containing beryllium. 15. Carcinoma of the mucous Any occupation in a factory where membrane of the nose or nickel is produced by decomposition associated air sinuses or Primary of a gaseous nickel compound which carcinoma of a bronchus or of involves work in or about a building or a lung. building where that process any other industrial process ancillary or incidental thereto is carried on.16. Primary neoplasm of the (a) work in a building in which any epithelial lining of the urinary of the following substances if bladder (papilloma) of the produced for commercial purpose: bladder. I. alpha-rephthylamine, beta naphthylamine or benxidine or any of their salts; II. auramine or magenta; (b) the use or handling of any of the substance mentioned on sub- paragraph (i) of paragraph (a) or work in a process in which any such substance is used or handled or is liberated. 17. Lead poisoning or its sequelae Any process involving the use of lead or excluding poisoning by lead its preparation or compounds except tetraethyl. lead tetraethyl.18. Phosphorous poisoning or its Any process involving the use of sequelae. phosphorous or its preparations or compounds.19. Mercury poisoning or its sequelae. Any process involving the use of mercury or its preparations or compounds.


20. Poisoning by benzene and its Handling benzene or any of its homologues of the sequelae of homologues any process in the such poisoning. manufacture or involving use of benzene or any or its homologues. 21. Arsenical poisoning or it sequelae. Any process involving the production, liberation or utilization of arsenic or its compounds. 22. Pathological manifestations Any process involving exposure to the due to (a) radium and other action of radium, radio-active radioactive substances; (b) X-ray substances. or 23. Primary epitheliematous cancer Any process involving the handling or of the skin. use of tar, pitch, bitumen, mineral oil, paraffin, or the compounds, products or residues of these substances. 24. Silicosis Any employment involving exposure to the inhalation of dust containing silica. 25. Coal miner’s pneumoconiosis Any employment in coal mining. 26. Asbestosis any employment in- (1) The production of (i) Fiber cement material; or (ii) asbestos mill board. (2) the processing of ores containing asbestos. 27. Bagassosis Any employment in the production of bagasse mill board or other articles forms bagasse. 28. Byssinonis Any employment in cotton-rooms, blowing-rooms or carding rooms in such factories where spinning of row cotton is carried on. 29. Writer’s cramp Hand-writing for prolonged periods. 30. Twister’s cramp The twisting of cotton or woollen (including worsted) yarn. 31. Miner’s nystagmus Work in poorly illuminated mines. 32. Dermatitis (1) Any occupation where organic or inorganic chemicals are used or handled. (2) Any occupation where any materials are handled manually. 33. Fibrosis of lung Arises out of jute and cotton fibres.


SCHEDULE VI

See section 150(8)

List of persons who, subject to the provision of section 150(8), are included in the definition of worker:

Any person who is-(1) employed, otherwise than in a clerical capacity or on a railway, in

connection with the operation or maintenance a lift or a vehicle propelled by steam or other mechanical power or by electricity;

(2) Employed in any premises wherein, or wherein, or within the precincts whereof, on any day of the preceding twelve months, ten or more persons have been employed in any manufacturing process, or in any kind of work whatsoever incidental to or connected with any such manufacturing processor with the article made, and steam, water or other mechanical power or electrical power is used but not person employed solely in a clerical capacity in any room or place here on manufacturing process is being carried on;

(3) employed in any premises for the purpose of making, altering, repairing, commenting, finishing or otherwise adapting for use, transport or sale any article or part of any article in any premises wherein or within the precincts whereof on any one day of the preceding twelve months, five or more persons have been so employed;

(4) employed in the manufacture of handing of explosives in any premises wherein or within the precincts whereof, on any one day of the preceding twelve months, ten or more persons have been so employed;

(5) employed in any kind of work in a mine other than clerical work, incidental to or connected with any mining operation or with the mineral obtained, or in any kind of work whatsoever below ground; provided that any excavation in which on no day of the preceding twelve months were more than fifty persons present and the shaft does not exceed twenty feet then shall be deemed not to be mine for the purpose of this clause;

(6) employed as the master seaman, sailor or otherwise on any ship or any inland vessel which is propelled wholly or in part by steam or other mechanical power or by electricity or which is towed or intended to be towed by a ship so propelled;

(7) employed for the purpose of loading, unloading, fuelling, constructing, repairing, demolishing, cleaning, or painting, any ship


of which he is not the master or a member of the crew, or in the handling or transport within the limits of any port subject to the Ports Acts 1908 (XV of 1908), of goods which have been discharged from or are to be loaded into any vessel;

(8) employed in loading and unloading of goods in the mechanically propelled vehicles in the Chittagong and Mongla Ports;

(9) employed in the construction, repair or demolition of-a) any building or structure; orb) any dam or embankment which is twenty feet or more in height

from its lowest to its highest point; or c) any road, bridge, or tunnel; ord) any wharf, quay, sea-wall or other marine work including any

mooring ships;(10) employed in setting up, repairing maintaining, or taking down any

telegraph or telephone line or post any overhead electric line or cable or post or standard for the same;

(11) employed, otherwise than in clerical capacity, in the construction, working repair or demolition or any aerial ropeway, canal pope-line, or sewer;

(12) employed in the service of any fire brigade;(13) employed upon a railway either directly or through a sub-contractor,

by a person fulfilling a contact with the railway administration;(14) employed as an inspector, mail guard sorter or van peon in the

Railway Mail Service, or employed in any occupation ordinarily involving outdoor work in the Posts and Telegraphs Department;

(15) employed as treasurer clerks performing outdoor duties in the posts, Telegraph and Telephone Department;

(16) employed, otherwise than in a clerical capacity, in connection operations for winning natural petroleum or natural gas;

(17) employed in any occupation involving blasting operations;(18) employed in the making of any excavation in which more than

twenty five persons have been employed or explosives have been used, or whose depth from its highest to its lowest point exceeds six feet;

(19) employed in the operation of any ferry boat capable of carrying more than ten person;

(20) employed, otherwise than in a clerical capacity, on any estate which is maintained for the purpose of growing coffee, rubber or tea, and or which twenty five or more persons have been so employed;

(21) employed, otherwise than in a clerical capacity, in the generating, transforming or supplying of electrical energy or in the generating or supplying of gas;


(22) employed in lighthouse as defined in clause (d) of section 2 of the Lighthouse Act, 1927 (XVII of 1927);

(23) employed in producing cinematograph pictures intended for public exhibition or in exhibiting such pictures;

(24) employed in conducting training elephants and other wild animals and its related works;

(25) employed in the tapping of palm-trees or the felling or logging or trees, or the transport of timber by inland waters, or the control or extinguishing of forest fire;

(26) employed in operations for the catching or hunting of elephants or wild animals;

(27) employed as driver;(28) employed in the handling or transport of goods in, or within the

precincts of any warehouse or other place in which goods are stored, and in which at least tan persons have been so employed; or any market in which at least one hundred persons have been so employed;

(29) employed in any occupation involving the handling and manipulation of radium of X-ray apparatus, or contact with radioactive substance;

(30) employed in the service of watch and ward.

Documents

Bangladesh - Asia Monitor Resource Centre 1- Bangladesh.pdfCountry Report: Bangladesh 23 II Procedures for payment of compensation 2.1 Payment of compensation The Bangladesh Labour