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At the beginning of 19th

century, the then British government started the Labor legislation in the Indian

Sub Continent. After the independence of Bangladesh inherited all the laws, but no remarkable new law

enacted up to 1980s.

In the context of post liberalization situation, favorable environment of capital investment and

healthy industrial relation and in the light of ratified ILO convention to create a constrictive environmentboth in country and abroad. In this time, the Trade unions, employes, buyers and Civil society demanded

the reform of the labor laws.

Bases on the demand the government formed 38 member Labor Law reform commission in 1992

chaired by Justice Mohammad Abdul kuddus. After two years of intensive work the commission

submitted their report in 1994.

The government consulted the commission report with employers, workers, civil society and ILO.

The Bangladesh Labor Act 2006 came in to effect on October 11, 2006.

But those who use the law face a number of difficulty, so the government again formed 30

member committee to reform the Law again.

The Bangladesh Labor (amendment) Act 2013 came in to effect on 22 July, 2013.

Applicability of the ACT

Save as otherwise specified elsewhere in this Act, it extends to the whole of Bangladesh.

Establishments or Workers are not covered in the Act:

Establishments for the treatment or care of the sick, infirm, aged, destitute, mentally disabled,

orphan, abandoned child, widow or deserted woman, which are not run for profit or gains ;

Any establishments where this act is not applicable shall not make any Policy, rule-regulations, house-

policy giving less favorable compare to this act.

Registration of Contracting Agencies

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Notwithstanding anything contained in any other laws, no contracting agency, known in whatever name,

without registration with the government shall supply employees on contractual basis at different posts

to any company.

Workers supplied by a contracting agency shall be considered as the workers of the suppliers

agencies concerned and be regulated under the Labour Act.

Gratuity means wages payable on termination of employment of a worker which shall be equivalent to

not less than thirty days' wages for every completed year of service or for any part thereof in excess of

six months; or

45 days for a continuous service for more than ten years;

It shall be in addition to any payment of compensation or payment of any wage or allowance in

lieu of notice due to termination of services of a worker on different grounds under this act;

Subsistence Allowancemeans half of the basic wages, dearness allowance and ad hoc or interim wages,

if any.

Trained in First Aid means any person who completed at least six months training on first aid;

Expertmeans any person who is not an owner or worker of the establishment concerned,

however, an owner or trade union leader of the sector or who has specialized knowledge and

experience on labour, industry, work place safety issues;

illegal strike means a strike declared, commenced or continued by violating the provisions of Chapter

XIV

illegal lock-out means a lock-out declared, commenced or continued by violating the provisions

of Chapter XIV

lock-out means the closing of a place of employment or part of such place, or the suspension,

wholly or partly, of work by an employer, or refusal, absolute or conditional, by an employer to continue

to work any number of workers employed by him, where such closing, suspension or refusal occurs in

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connection with the industrial dispute or is intended for the purpose of compelling workers employed to

accept certain terms and conditions of or affecting employment;

Factory

means any premises including the precincts thereof whereon five or more workers ordinarily

work on any day of the year and in part of which a manufacturing process is being carried on, but does

not include a mine ;

employer,

in relation to an establishment, means any person who employs workers therein

worker means any person including an apprentice employed in any establishment or industry,

either directly or through a contractor or whatever names it may be called, to do any skilled, unskilled,

manual, technical, trade promotional or clerical work for hire or reward, whether the terms of

employment be expressed or implied, but does not include a person employed mainly in a managerial or

administrative capacity or supervisory officer;

A)

Apprentice: A worker shall be called an apprentice if he is employed in an establishment as a

learner, and is paid an allowance during the period of his training.

B)

Badli: A worker shall be called a badli if he is employed in an establishment in the post of a

permanent worker or of a probationer during the period who is temporarily absent.

C)

Casual worker: A worker shall be called a casual worker if his employment in an establishment

for a work casual in nature.

D)

Temporary worker: A worker shall be called a temporary worker if he is employed in an

establishment for work which is essentially of temporary nature, and is likely to be finished

within a limited period.

E)

A worker shall be called a probationer if he is provisionally employed in an establishment to fill a

permanent vacancy in a post and has not completed the period of his probation.

The period of probation for a worker whose function is of clerical nature shall be six months

and for other workers such period shall be three months;

After completion of probation period or three months extended period of probation, the

concerned workers shall be treated as permanent worker under sub- section (7) even if letter of

confirmation was not issued;

G) Permanent worker: A worker shall be called a permanent worker if he is employed in an

establishment on a permanent basis or if he has satisfactorily completed the period of his probation in

the establishment.

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h) A worker shall be called a seasonal worker if employed in an establishment for a seasonal work and

remains in the work for the season

Trade Union For Employee and Employer:

Wherever a trade union is formed in an establishment, if there is 20 percent of the total

workforce are female at least 10% of female members shall be included in the executive committee to

the union.

Provided that, the union shall be regulated under this Act if such union is registered under this

Act.

If an election cannot be held within 2 years for a trade union and 3 years for a group of

establishments due to circumstances beyond control namely state of emergency, serious natural

disasters (force majure), the existing committee shall not be declared illegal.

In the case of state owned industrial sectors, if the members of the unions desire, 10% of the

officials to the executive committee to the union shall be elected from persons who are not employed in

the establishment concerned.

Each owner in his establishment shall provide an office room for the elected Collective

Bargaining Agent (CBA) as per the provisions Rule.

The owner or the Collective Bargaining Agent (CBA) may take assistance from Experts in the collecting

bargaining process, if required.

Compensation due to Death:

If a worker dies while in service after a continuous service of not less than two years,

his nominee or in the absence of any nominee, his dependent shall be paid a by the employer a

compensation at the rate of thirty days wages for a normal death and

of forty five days for an accidental death while working in the establishment or on duty for every

completed year of service or for any part thereof in excess of six months, or gratuity whichever is higher,

and

the amount will be in addition to any other benefit to which the deceased worker would have

been entitled to had he retired from the service.

Bangladesh Labor (amendment) Act 2013

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Precaution in case of fire:

(1) Every establishment shall be provided with at least one alternative connecting stairway with each

floor and adequate in number in each floor such means of escape in case of fire and fire-fighting

apparatus, as may be prescribed by rules.

(2) If it appears to the Inspector that any establishment is not provided with the means of escape

prescribed under sub-section (1) or necessary fire fighting apparatus, as required by license of the

department fire service, have not been kept, he may serve on the employer of the establishment an

order in writing specifying the measures which, in his opinion, should be adopted before a date specified

in the order.

Precaution in case of fire

In every establishment the doors affording exit from any room shall not be locked or fastened or

no passage affording exit obstructed while work is being carried on.

All doors have to be made in such a way so that it can be immediately opened from inside and

also be opened from outside.

where the door is between two rooms and all such doors, shall be constructed to open out

wards in the direction of the nearest exit from the building and no such door shall be locked or

obstructed while work is being carried on in the room.

mock fire-fighting

In factories wherein fifty or more workers and employees are employed shall arrange at least once in

six month a mock fire-fighting and the employer shall maintain a book of records in this regard.

Obligation of using personal protective equipments:

(1) No authority shall employed any worker without providing personal protective equipment or without

ensuring the use of such personal safety equipment in an applicable case, and in doing so, a record book

shall be maintained as designated by the owner.

(2) The concerned worker shall be liable if he does not use personal protective equipment, afterproviding such equipment.

(3) For ensuring professional health and safety for workers at workplace, each of workers shall have to

be aware on the risk of the work through trainings.

First-aid appliances

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Where in any establishment or part of it, 5,000 or more workers are employed; the employers of those

establishments shall maintain a permanent Health Center in the manner prescribed by rules.

The employer shall have to continue treatment, on his own cost and responsibility, of the

workers disease, injury or sickness suffering from occupational disease or injury in an occupational

accident by an appropriate or specialized physician until the worker becomes completely cured of suchsickness.

Where in any establishment, 500 or more workers are employed; the employers of those

establishments shall appoint Welfare Officer in the manner prescribed by rules.

Formation of the Safety Committee

Where in any factory, 50 or more workers are employed, there shall be a Safety Committee formed

and functioned in the manner prescribed by the Rule.

Compulsory Group Insurance

The Employer shall introduce group insurance under the existing Insurance Act, in the establishments

wherein 100 permanent workers are employed. The amount claimed as insurance shall be in addition to

other dues payable to a worker under this Act.

Provided that recovery of any insurance claim due to death of worker shall be the responsibility

of owner and any amount so recovered from such claim shall be paid directly to dependants of worker.

Further provided that notwithstanding anything contrary contained in other laws, any insurance

claim under this Section shall be resolved by the joint initiative of the insurance company and employer

within hundred twenty days from the date of raising such claim.

Daily hours:

No adult worker shall ordinarily be required or allowed to work in an establishment for more

than eight hours in any day: Provided that, subject to the provisions of section 108, any such worker

may work in an establishment not exceeding ten hours in any day.

Interval for rest or meal:

Any worker in any establishment shall not be liable to work either

(a) for more than six hours in any day unless he has been allowed an interval of at least one

hour during that day for rest or meal ;

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(b) for more than five hours in any one day unless he has been allowed an interval of at

least half an hour during that day for rest or meal ; or

(c) for more than eight hours unless he has had an interval under clause (a) or two such

intervals under clause (b) during that day for rest or meal.

Weekly hours:

(1) No adult worker shall ordinarily be required or allowed to work in an establishment for more

than forty-eight hours in any week.

(2) Subject to the provisions of section 108, an adult worker may work for more than forty-eight

hours in a week:

Provided that the total hours of work of an adult worker shall not exceed sixty hours in any

week and on the average fifty-six hours per week in any year:

Extra-allowance for overtime:

Where a worker works in an establishment on any day or week for more than the hours fixed

under this Act, he shall, in respect of 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 pay, if any.

Overtime for additional work

Where any worker in an establishment are paid on a piece rate basis the employer, in consultation

with the representatives of the workers, may, for the purposes of this section, 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.

Provided in such case the provisions of Sub-Section (1) shall not be applicable.

wages

means all remuneration, expressed in terms of money or capable of being so expressed, which

would, if the terms of employment, expressed or implied, were fulfilled, be payable to a worker in

respect of his employment or of work done in such employment,

but does not include- any house accommodation, supply of light, water, medical attendance or

other amenity or of any service excluded by general or special order of the Government

Wage Payment time:

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The wages of every worker shall be paid before the expiry of the seventh day after the last day

of the wage period. the wages payable to him shall be paid before the expiry of the thirty working days

from the day on which his employment is so terminated.

Compensation Under Contract:

Where the principal or main employer is of the opinion that the occurrence of death of such

worker was, due to actually or specially occurred, due to violation of any conduct rules, in that case he

after depositing the amount to the Labour Court, (where the worker is dead) or after payment of the

specified amount (in case the worker sustained injury), he may make an application to the Chief

Inspector to determine which portion of the amount shall be payable to the principal or main employer

by the contractor. The Chief Inspector shall, in accordance with rules, resolve the application within 45

days from the date of its receipt.

Weekly holiday :

A worker employed in an establishment shall be allowed in each week one and half days holiday

and in factory and establishment one day in a week.

Sick leave :

Every worker other than a newspaper worker, shall be entitled to sick leave with full wages for

fourteen days in a calendar year. Sick leave will not Carrie forwarded to next year.

Festival holidays :

Every worker shall be allowed in a calendar year eleven days of paid festival holidays.

Casual leave :

Every worker shall be entitled to casual leave the full wages for ten days in a calendar year, and

such leave shall not be accumulated and carried forward to the succeeding year:

Annual leave with wages :

Every adult worker, who has completed one year of continuous service in an establishment,

shall be allowed during the subsequent period of twelve months leave with wages for a number of days

calculated at the rate of one day

Retrenchment :

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(1) A worker employed in an establishment may be retrenched from service on the ground of

redundancy.

(2) No worker who has been in continuous service for not less than one year under an employer

shall be retrenched by the employer unless

(a) the worker has been given one months notice in writing, indicating the reasons for

retrenchment, or the worker has been paid in lieu of such notice, wages for the period of notice ;

(b) a copy of the notice is sent to the Chief Inspector or any other officer authorised by him and

also to the collective bargaining agent in the establishment, if any ; and

(c) he has been paid, compensation which shall be equivalent to thirty days wages or

gratuity for every completed year of service if any, whichever is higher.

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 worker who has completed not less than one year of continuous service is so discharged,

he shall be paid by the employer compensation at the rate of thirty days wages for every completed

year of service, or gratuity, if any, whichever is higher.

Termination of employment by employers otherwise than by dismissal, etc. :

(1) The employment of a permanent worker may be terminated by the employer, otherwise,

than in the manner provided else-where in this Chapter, by giving to him in writing

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

(b) sixty days notice, in case of other worker.

Dismissal: Dismissal is simple a punishment,

Procedure for punishment.(1) No order of punishment under section 23 shall be made against

a worker unless

(a) the allegations against him are recorded in writing ;

(b) he is given a copy thereof and not less than seven days time to

explain ;

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

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(d) he is found guilty, after inquiry by an inquiry committee comprised of the equal

number of representatives from the owner and workers ;

Provided that such inquiry shall be completed within 60 days;

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

The following acts and omissions shall be treated as misconduct

(a) willful insubordination or disobedience, whether alone or in combination with others to

any lawful or reasonable order of a superior ;

(b) theft, grabbing, fraud or dishonesty in connection with the employers business or

property ;

(c) taking or giving bribe in connection with his or any other workers employment under

the employer ;

(d) habitual absence without leave or absence without leave for more than ten days ;

(e) habitual late attendance ;

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

(g) riotous or disorderly behavior in the establishment, fire or vandalism;

(h) habitual negligence work ;

(i) habitual breach of any rule of employment, including conduct or discipline, approved by

the Chief Inspector ;

(j) falsifying, tampering with, damaging or causing loss of employers official records.

Punishment for conviction and misconduct :

Any worker found guilty of misconduct may, instead of being dismissed under sub-section (1), in

consideration of 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 one year ;

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

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

(e) fine ;

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

(g) censure or warning.

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A worker who is removed under sub-section (2)(a) shall, if his continuous service is not less than one

year, be paid by the employer compensation at the rate of 15 days wages for every completed year of

service: