University of Information Technology & Sciences

School of Business Administration

“Implementation of Labor Laws in Bangladesh”

This paper submitted in partial fulfillment of the requirements for the degree of Master of

Business Administration in University of Information Technology and Sciences (UITS)

Dhaka 2012

University of Information Technology and Sciences

GA-37/1 Progati Sarani, Baridhara J- Block, Gulshan, Dhaka 1212,

Bangladesh.

Submitted By

Nazrul IslamID: 09415044

Supervisor

Md. Nazmul Hasan

Assistant Professor, Department of Masters of Business Administration

University of Information Technology & Sciences

EXECUTIVE SUMMARY

Approximately 45,000 NGOs are registered with the Ministry of Social Affairs; however, the vast majorities are not active development NGOs that are the focus of this report. NGOs range from tiny local groups to a small number of vast organizations, which achieved unprecedented expansion in the 1990s, and now employ thousands of employees and handle multi-million dollar budgets. This small group now includes some of the largest such organizations in the world and dominates the sector, approaching government departments in terms of budgets, reach and complexity. The range of activities undertaken is wide, with NGOs known to be active in micro-finance; health and education services; social safety net programs; agricultural extension; social forestry and environmental protection; safe water and sanitation; disaster management and relief; and legal and human rights education. So the main objective of this report is to identify the contributions and HRM practices of NGOs. This paper shows how NGOs contribute into our socio-economic development and how they utilize these human resources to perform their functions effectively.

LETTER OF SUBMISSION

January 10, 2012

To The HeadSchool of BusinessUniversity of Information Technology & Sciences (UITS)Baridhara, Dhaka.

Subject: Submission of Research Project on ‘Implementation of Labor Laws in Bangladesh’.

Dear Sir,

With due respect, I would like to express my heartiest gratitude for assigning me this research project on the ‘Implementation of Labor Laws in Bangladesh’. I sincerely believe that in carrying out this research and preparing the report my understanding and practical knowledge in the field has increased manifold. My research skills and capabilities have greatly been enhanced as well.

I have tried my best to follow your guideline throughout my research work and report preparation. I have also tried very hard to cover all relevant issues. My main mission is to provide an overview of Labor Laws and report on its execution in Bangladesh. I hereby submit the complete report for your kind evaluation with all the data, analysis and findings of my study. I earnestly hope that, this report will be able to meet your informational and other related needs.

I hope any unintentional errors and omissions that may have occurred in this report will be considered with sympathy and understanding. I am grateful to you for your valuable suggestions and advice that you have provided throughout my study.

I sincerely expect that you would be kind enough to accept the report for evaluation and oblige thereby.

Thank you.

Sincerely yours,

(Nazrul Islam)ID: 09415044

ACKNOWLEDGEMENT

This report is an integral part of IMBA Program of the University of Information Technology & Sciences (UITS) submitted after the successful completion of the associated research project. The research project is the culmination of 2 years of Masters Study and the report bridges theoretical knowledge gathered thus far from each course taken and practical experience and research in the real world.

The project was completed with the assistance of many people who deserve my sincere acknowledgement and appreciation. First of all, I would like to thank each and every faculty members for guiding me excellently in every course taken in fulfillment of the program requirements. I would also specially like to thank and express my sincerest gratitude for my supervisor who has been very helpful and gracious throughout the entire research work and in the preparation of the report.

I would also like to acknowledge all the people who have participated in the survey for their support and cooperation during this research.

(Nazrul Islam)ID: 09415044

TABLE OF CONTENTS

Particulars Page

Introduction

Objective of the Study

Methodology

Literature Review

Implementation of Labor Laws in Bangladesh

Benefits of Implementation

Problem in Implementation Labor Laws

Over View of Some Company

Research Result

SWOT Analysis

Conclusion

Recommendation

Bibliography

Appendix

INTRODUCTION

In the age when industry runs the economy the government’s responsibility to regulate and protect both the workers and owners of industries has become imperative. Thus the laws regarding labor, laws defined to control and govern every aspect of the relationship between workers and management have emerged. Such ideas first appeared in Europe at the beginning of the 19th century and towards the end of the century they reached the parliaments of Germany, France. At the turn of the century, these ideas had reached the international stage with the initiative of the Swiss government. Laws were instituted and these laws regulate how the terms and conditions of employment are decided. The laws also cover labor employment terms, remuneration, conditions of work and right of workers to form and join labor unions. Furthermore, it ensures certain benefits of workers, conditions of leave especially for women workers. It also defines minimum wage limits and minimum health and safety measures and The Bangladesh labor act, 2006 is not enacted a day, Bangladesh has a long heritage in terms of labor laws. Of the 46 labor laws, 25 Acts, Ordinances & Orders were repealed by the Bangladesh labor Act, 2006, In the historical context, the colonial government (1757-1947) took the initiative of enacting laws that have been adopted in different parts of the country for the workforce engaged in factories and business establishments. Bangladesh inherited the legal system both form the British colonial period and from the post-partition period from 1947 to 1971! After independence a small number of labor rights are grunted by the adoption of the Constitution of the People’s Republic of Bangladesh. The newly independent country and the government took upon itself the obligation to implement provisions of labor and industrial laws that were adopted earlier as well as of laws that have since been enacted to meet the changing needs. The provisions of laws were made applicable only to those employed in factories and other establishments. Over the years, employment in factories and establishments has increased due to setting up of new industries including around two thousand and five hundred garment manufacturing units. Laws enacted for the employments scene are quite numerous and may be seen for general appreciation of the legal frame work. Laws relating to workmen’s compensation, Workmen’s protection, dock laborers, payments of wages, employers’ liability, employment of children, maternity benefit and weekly holidays were adopted in the twenties thirties and forties of the 20th century. Laws covering maternity benefits for tea-estate employees, fatal accidents, minimum wages, record of service in factories and establishments were also adopted. Law relating to shops, labor establishments, industrial relations, trade unions, minimum wages, plantation of employees’ provident fund, rules of health and hygiene, social safety and security and welfare facilities has been adopted by 12 laws from 1951 to 1969. Section 2(61) of the Act defines the term “industrial establishment” as any workshop or other establishment in which articles are produced, adapted or manufactured or where the work of making altering, repairing, ornamenting, finishing or packing or otherwise treating any article or substance, with a view to their use, transport, sale, delivery or disposal, is carried on or such other class or establishments including water transport vessel or any class thereof which the Government may, by notification in the official Gazette, declare to be an industrial establishment for the purpose of this Act.As a business expectative of future, we should have to gather experience beside our institutional education. We should not concern our lesson only in classroom but to implement it in practical life that will help us in our future life. So, identify objectives is very much important.

OBJECTIVE OF THE STUDY

The aim of the study is to evaluate the level of implementation of these very important laws in Bangladesh and discuss the effects of this. The main purpose of the Bangladesh labor Act, 2006 is to consolidate and amend the existing laws relation to labor and industrial affairs. The other objectives of the Bangladesh labor Act, 2006 are to appoint labor, to increase relation between labors and employers, to specify the lowest wages of the labor, to discharge wages, to compensate for the ulcerating the labor, to form of the trade unions, to regulate the relations of any differences of disputes arising between labors and employers, to protect the social security of the labor including health, safety and welfare. Labor law encourages and promotes these purposes by placing statutory limitations on employer interferences with the rights of employees with self organizations and bargaining collectivity and because union, too, may abuse their power, labor law also acts to curb and control union activities.We can learn much about labor law by considering its purposes. The two dominant objectives of labor law are protection and economic regulation. In most Asian countries, the traditional objective of labor law is to reduce the imbalance of power inherent in the employment relationship. Since the 1950s, this philosophy has been encapsulated in the well-known words of Kahn-Freund: ‘The main object of labor law [is] to be a countervailing force to counteract the inequality of bargaining power which is inherent and must be inherent in the employment relationship’. The legislative means chosen to pursue this objective are 'fair' employment contracts, minimum labor standards to guarantee acceptable limits of social welfare, and the permissibility of trade unions to counteract the greater power of employers. The extent of these measures has varied over time and in different countries. The other main objective of labor law is economic regulation. This purpose sees labor law as a means to ensure economic growth and prosperity. Today, a dominant approach favors labor market regulation to enhance efficient market outcomes. The purpose is to promote flexible and productive work practices at the enterprise level.In this context, trade unions and industrial tribunals may play a role which either curtails or enhances efficiency in the workplace. Efficiency-based arguments can be used both to justify and criticize state intervention into labor markets, but historically this analysis has been used primarily to criticize state intervention that maintains employment conditions which have preserved the power balancing function. The increasing dominance of the efficiency function challenges and often undermines the traditional, protective purpose of labor law. This is because the market analysis does not necessarily take into account the inequality of bargaining power between parties to the employment relationship. Rather, it uses the quite different criterion of economic efficiency. In this sense, power balancing and efficiency goals come into conflict.Conservative governments have advocated for individual employment arrangements over collective agreements or states imposed conditions and have sought to limit the power of trade unions and industrial tribunals. The effect of some of their policies has been to remove the conditions necessary for the continued operation of the protective function of labor law. Conservative policies have heightened the tension between the protective and efficiency objectives of labor law.Apart from the two dominant goals, there are other important values to be taken into account in labor law. Our working lives are not just a calculus to minimize fear and to get the most out of our time and effort - there are other important aspects to our experience of work, such as contentment and enjoyment. Consideration should be given to how people can be happy with

their work, through labor law. Prior to elaborating further on the content of the happiness objective, it is useful to briefly compare these various objectives. There are various ways in which labor law's aims of efficiency, protection and - potentially - happiness may interact with each other. It is possible to identify connections between the various objectives. In fact, it is sometimes hard to separate out happiness from the other two purposes. Protection against unfair working conditions may reduce unhappiness in the workplace. Therefore, it could be argued that in order to achieve the objective of happiness, it is necessary to balance out efficiency with protection. Also economic efficiency can contribute to the generation of jobs and the reduction of unemployment. After all, the termination of employment is a recognized cause of distress. One problem with these kinds of arguments is that happiness is seen as a derivative of the other two functions. There is not necessarily anything wrong with happiness being a byproduct of efficiency or protection. However, this form of analysis means that the objective of happiness is not considered in its own right. Considerations of happiness are often overlooked by proponents of the other two purposes, though sometimes they are dealt with indirectly. Indeed, the concept of happiness does not figure directly in the protective function of labor law. The notion of job satisfaction is not specifically addressed by the approach of balancing the power of employers and employees. But the protective function to ‘relieve employees from some of the consequences of their relative lack of power’ certainly may contribute to the removal of conditions of employment which are harsh, cruel or unpleasant. If there is a decline in the influence of the protective function, we can expect to see a corresponding decline in the satisfaction of employees.The economic efficiency objective of labor law addresses job satisfaction of employees more explicitly. Happiness enters the libertarian picture through the claim that if parties are left alone to pursue their own interests, this can produce satisfying results for everyone. State regulation is commonly regarded by libertarians as paternalistic, unnecessary and a hindrance to the promotion of happiness.This argument is open to objection. Some proponents of the market mechanism openly acknowledge that employees may accept apparently harsh or unfavorable conditions. Market transactions thus do not necessarily result in happiness. The point of this comparison has been to highlight why happiness at work should be seen as a distinct objective of labor law. This is because the other two objectives do not adequately address the attainment of job satisfaction. By including the concept of happiness at work in our analysis, the potentially conflicting purposes of labor law can be made, in a sense, Commensurable. Happiness can be seen as a common standard which allows an assessment of the other objectives in terms of human experiences such as pleasure, suffering and gratification. In this way, the happiness objective challenges the view of efficiency and protection as the dominant objectives of labor law. Nonetheless, the power balancing and efficiency objectives will remain important objectives of labor law. Both purposes have played a vital role in shaping and developing labor law. They will no doubt continue to be of enduring importance.

http://celrl.law.unimelb.edu.au/files/Working_PaperNo_48_-_final_version.pdf

METHODOLOGY

Collection of data is an important part of a Research project preparation. In preparing the report we have maintained some steps. Which are given bellow —

•Step-1: At first, we select UITS, WALTON, PRAN-RFL GROUP FAKIR KNITWEARS LTD, for making our report on “implementation of the Bangladesh Labor Act-2006 in case of welfare measures” practices of a particular organization.

•Step-2: We went to the UITS, WALTON, PRAN-RFL GROUP FAKIR KNITWEARS LTD with group and meet with the managers and other employees.

•Step-3: Then we collect various (primary and secondary) data from the manager and other employees about the “implementation of labor laws in Bangladesh incase of welfare measures”.

•Step-4: Process the data through taking helpful hints from our course teacher Md. Nazmul Hasan.

•Step-5: Again analysis and interpretation the data.

•Step-6: Finally, we prepared my report.

LITERATURE REVIEW

1.1 Conditions of Service Implement

Conditions of employment: 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 rules regulating employment of workers, but no such rules shall be less favorable to any worker than the provisions of this chapter.

Classification of workers and period probation: workers employed in any establishment shall be classified in any of the following classes according to the nature and condition of work.

Service book: Every employer shall, at his own cost, provide a service book for every worker employed by him.

Letter of Appointment and Identity Card: No employer shall employ any worker without giving such worker a letter of appointment and every such employed worker shall be provided with an identity card with photograph.

Form of service Book: The service book shall be of such size and in such form as may be prescribed and photograph of the worker shall be affixed to it.

Register of workers and supply of tickets and cards: The employer of every establishment shall maintain a register of workers, to be available to the Inspector at all times during working hours.

Entries in the service book: The employer shall at the commencement of the employment and during the continuance of the same, make such entries therein from time to this as are required by this chapter and the Rules and both the employer and the worker shall sign the entries as they are made.

Procedure for leave: A worker who desires to obtain leave of absence shall apply to the employer for the same in writing stating his leave address therein.

Payment of wages for unveiled leave: If the services of a worker, to whom any annual leave is due, is dispensed with whether as a result of retrenchment, discharge, removal, dismissal, termination, retirement or by reason of his resignation before he has availed of any such leave, the employer shall pay his wages in lieu of the unveiled 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.

Stoppage of work: The employer may, at any time, in the event of fire, catastrophe, breakdown of machinery, or stoppage of power supply, epidemics, civil commotion or any other cause beyond his control, stop any section or sections of the establishment, wholly or partly for such period as the cause for such stoppage continues to exist.

Closure of establishment: The employer may, in the event of an illegal strike by any section or department of any establishment, close down either wholly or partly such section or department and the workers participated in the illegal strike hall not be paid any wages for such closure.

Calculation of ‘One year’, ‘six months’ and ‘wages’ in certain cases: For the purpose of this chapter, a worker who, during the preceding twelve calendar months, has actually worked in an establishment for not less than two hundred and forty days and one under and twenty days as the case may be shall be deemed to have completed ‘one year’ or ‘six months’ respectively of continuous service in the establishment.

Right of laid-off workers for compensation: Whenever a worker, other than a badly or casual worker, whose name is borne on the muster-rolls of an establishment and who has completed not less than one year of continuous 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 such weekly holidays as may intervene.

Restrictions of 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 in which five or more workers are not employed, or were not employed on any day of the preceding twelve months.

Muster-roll for laid-off workers: Notwithstanding that the workers employed in an establishment have been laid-off, the employer shall maintain a muster-roll, and provide for the making of entries therein by or for the laid-off workers whom may present themselves for work at the establishment at the appointed time during normal working hours.

Laid-off workers not entitled to compensation uncertain cases: Notwithstanding anything contained elsewhere in this chapter, no compensation shall be payable to a worker who has been laid-off-(a) if he refuses to accept on the same wages, any alternative employment not requiring any special skill or previous experience, in the same establishment for which he has been laid-off, or in any other establishment belonging to the same employer and situated in the same town or village or situated within a radius of eight kilometers from the establishment;(b) If he 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.

Death benefit: If a worker dies while in service after a continuous service of not less than three years, his nominee or in the absence of an nominee, his dependant shall be paid by the employer a compensation at the rate of thirty days wages for every completed year of service, or for any part thereof in excess of six months or gratuity, if any, whichever is higher, in addition to any other benefit to which the deceased worker would have been entitled had he retired from service:

Provided that if such worker is covered by any compulsory insurance scheme of the establishment, or, if any compensation is payable for such death under chapter XII, the worker shall be entitled to whichever is higher.

Retrenchment:(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 month’s 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 authorized 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.

Re-employment of retrenched workers: where any number of workers are retrenched, and the employer proposes to take into his employ any worker within a period of one year from the date of such retrenchment, he shall give an opportunity to the retrenched workers belonging to the particular category concerned by sending a notice to their last known addresses, to offer themselves for employment, and the retrenched workers who so offer themselves for re-employment shall have preference over other retrenched workers, each having priority according to the length of his service under the employer.

Punishment for conviction and misconduct: Notwithstanding anything regarding lay-off, retrenchment, discharge and termination of service as provided elsewhere in this Act, a worker may be dismissed without prior notice or pay in lieu thereof if he is-

(a) Convicted for any criminal offence; or(b) He is found guilty of misconduct under section 24.

Discharge from service:(i) 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.

Procedure for punishment – 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 day’s time to explain; (c) he is given an opportunity of being heard;(d) He is found guilty, after enquiry;(e) The employer or the manager approves of such order.

Special provisions relating to fine:(1) No fine exceeding one-tenth of the wages payable to a worker in respect of a wage-period may be imposed in any one wage-period on any worker.(2) No fine shall be imposed on a worker who is under the age of fifteen years.(3) No fine imposed on any worker shall be recovered from him by installments or after the expiry of sixty days from the day on which it was imposed.(4) Every fine shall be deemed to have been imposed or the day of the commission of the offence in respect of which it was imposed.

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

Termination of employment by workers: A permanent worker may resign from his service by giving to the employer in writing sixty day’s notice

Retirement of worker: A worker employed in any establishment shall, notwithstanding anything contained elsewhere in this chapter, retire from employment ipso facto on the completion of the fifty-seventh year of his age.

Payment of provident Fund: No worker, who is a member of any provident Fund, shall be deprived due to retrenchment, dismissal, removal, discharge or termination of service of the benefit of the provident Fund including the employer’s contribution thereto, if he is entitled to it under the rules of that Fund.

Time limit of final payment of worker: Where the employment of a worker has been ceased due to a retirement, discharge, retrenchment, dismissal and termination etc. all amounts due to him shall be paid within maximum thirty working days by the employer.

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

Eviction from residential accommodation: A worker occupying a residential accommodation provided by his employer, whose service has been ceased by any means, shall vacate such residential accommodation within a period of sixty days from the date of cessation of employment.

Grievance procedure: Any worker, including a worker who has been laid-off, retrenched, discharged, dismissed, removed, or otherwise removed from employment, who has grievance in respect of any matter covered under this chapter, and intends to seek redress thereof under this section, shall submit his grievance to his employer, in writing, by registered post within thirty days of being informed of the cause of such grievance.

1.2 EMPLOYMENT OF ADOLESCENT

Prohibition of employment of children and adolescent: No child shall be employed or permitted to work in any occupation or establishment.

Prohibition of certain agreement in respect of children: Subject to the provisions of this chapter, no person, being the parent or guardian of a child, shall make an agreement, to allow the service of the child to be utilized in any employment.

Disputes as to age: If any question arises as to whether any person is a child or an adolescent, the question shall, in the absence of a certificate as to the age of inspector for decision to a registered medical practitioner.

Certificate of fitness: A registered medical practitioner shall, on the application of any adolescent or his parent or guardian or by the employer whether the concerned adolescent is fit to work in any occupation or establishment, examine such person and shall give his decision as to his fitness:

Provided that when such application is made by the adolescent or his parent or guardian, the application shall be accompanied by a document signed by the employer in whose establishment the adolescent is an applicant, stating that such person will be employed if certified to be it for work.

Power to require medical examination: Where an Inspector is of opinion -(a) That any person working in an establishment is an adolescent, but he has no certificate of fitness, or(b) That an adolescent working in an establishment with a certificate of fitness is no longer fit to work in the capacity stated therein,

he may serve on the employer a notice requiring that such adolescent shall not, be allowed to work until he has been so examined and has been granted a certificate of fitness or has been certified by the registered medical practitioner not to be an adolescent.

Restriction of employment of adolescent in certain work: No adolescent shall be allowed in any establishment to clean, lubricate of adjust any part of machinery while that part is in motion or to work between moving parts, of any machinery which is in motion.

Employment of adolescent on dangerous machines: No adolescent shall work at any machine unless-(a) He has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed, and-(b) Has received sufficient training in work at the machine, or is under adequate supervision by a person who has thorough knowledge and experience of the machine,

Working hours for adolescent: No adolescent shall be required or allowed to work in any factory or mine, for more than five hours in any day and thirty hours in any week.

Notice of periods of work for adolescent: In every establishment in which adolescent are employed, there shall be displayed in the manner prescribed by rules, a notice of specified periods of work for adolescent.

Prohibition of employment of adolescent in underground and under-water work: No adolescent shall be employed in any underground or underwater work.

Exception in certain cases of employment of children: Notwithstanding anything contained in this chapter, a child who has completed twelve years of age, may be employed in such light work as not to endanger his health and development or interfere with his education;Provided that the hours of work of such child, where he is school going, shall be so arranged that they do not interfere with is school attendance.

1.3 MATERNITY BENEFIT

Employment of women worker prohibited during certain period: No employer shall knowingly employ a woman in his establishment during the eight weeks immediately following the day of her delivery.

Right to, and liability for, payment of maternity benefit: every woman employed in an establishment shall be entitled to and her employer shall be liable for, the payment of maternity benefit in respect of the period of eight weeks preceding the expected day of her delivery and eight weeks immediately following the day of her delivery.

Procedure regarding payment of maternity benefit: Any pregnant woman entitled to maternity benefit under this act may, on any day, give notice either orally or in writing to her employer that she expects to be confined within eight weeks next following and may therein nominate a person for purposes of receiving payment of maternity benefit in case of her death.

Payment of maternity benefit in case of a woman’s death: If a woman entitled to maternity benefit under this act dies at the time of her delivery or during the next period of 8 months, the employer shall pay the amount of maternity benefit due, if the newly born child survives her, to the person who undertakes the care of the child, and if the child does not survive her; to the person nominated by her under this chapter, or if she has made no such nomination, to her legal representative.

Restriction on termination of employment of a woman in certain cases: If any notice or order of discharge, dismissal, removal or termination of employment is given by an employer to a woman within a period of six month before and eight weeks after her delivery and such notice or order is given without sufficient cause, she will not be deprived of any maternity benefit to which she would have become entitled under this chapter.

1.4 HEALTH AND HYGIENE

Cleanliness: Every establishment shall be kept clean and free from effluvia arising from any drain, privy or other nuisance, and in particular-(a) Accumulation of dirt and refuge shall be removed daily by sweeping or by any other effective method from the floors and benches of work-rooms and from staircases and passage and disposed of in a suitable manner;(b) The floor of every work-room shall be cleaned at least once in every week by washing, using disinfectant where necessary or by some other effective method.

Ventilation and temperature: Effective and suitable provisions shall be made in every establishment for securing and maintaining in every work-room adequate ventilation by the circulation of fresh air.

Dust and fume: In every establishment in which, by reason of any manufacturing process carried on, there is given off any dust or fume or other impurity of such a nature and to such an extent as is likely to be injurious or offensive to the workers employed therein, effective measures shall be taken to prevent its accumulation in any work-room and it inhalation by workers, and if any exhaust appliance is necessary for this purpose, it shall he applied as near as possible to the point of origin of the dust, fume or other impurity, and such point shall be enclosed so far as possible.

Disposal of wastes and effluents: Effective arrangements shall be made in every establishment for disposal of wastes and effluents due to the manufacturing process carried on therein.

Artificial humidification: In any establishment in which the humidity of the air is artificially increased, the water used for the purpose shall be taken from a public supply, or other source of drinking water, or shall be effectively purified before it is so used.

Overcrowding: No work-room in any establishment shall be overcrowded to an extent injurious to the health of the workers employed therein.Lighting : In every part of an establishment where workers are working or passing, there shall be provided and maintained sufficient and suitable lighting, natural or artificial, or both.

Drinking water: In every establishment effective arrangement shall be made to provide and maintain at a suitable point conveniently situated for all workers employed therein, a sufficient supply of wholesome drinking water.

Latrines and urinals: In every establishment-(a) Sufficient latrines and urinals of prescribed types shall be provided conveniently situated and accessible to workers at all times while they are in the establishment.(b) Such latrines and urinals shall be provided separately for male and female workers.

Dust bean and spittoon: In every establishment there shall be provided, at convenient places, sufficient number of dust beans and spittoons which shall be maintained in a clean and hygienic condition.

1.5 SAFETY

Precaution in case of fire: Every establishment shall be provided with at least one alternative connection stairway with each floor and such means of escape in case of fire and fire- fighting apparatus, as may be prescribed by rules.

Safety of building and machinery: If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in an establishment is in such a conditions that it is dangerous to human life or safety, he may serve on the employer of the establishment an order in writing specifying the measures which, in his opinion, should be adopted, and requiring them to be carried out before a specified date.

Fencing of machinery – In every establishment the following shall be securely fenced by the safeguards of substantial construction which shall be kept in position while the part of machinery required to be fenced are in mention

Work on or near machinery in motion: Where in any establishment it becomes necessary to examine any part of machinery referred to in section 61 while the machinery is in motion or as a result o such examination to carry out any mounting or shipping of belts, Lubrication or other adjusting operation while the machinery is in motion such examination or operation shall be made or carried out only by a specially trained adult male worker wearing tight-fitting clothing whose name has been recorded in the register prescribed in this behalf and while he so engaged such worker shall not handle a belt at a moving pulley unless the belt is less than fifteen centimeters in width and unless the belt-joint is either laced or flush with the belt.

Striking gear and devices for cutting off power: In every establishment-(a) suitable striking gear or other efficient mechanical appliance shall be provided and maintained and used to move driving belts to and from fast and loose pulleys which from part of the transmission machinery, and such gear or appliances shall be so constructed, placed and maintained as to prevent the belt from cropping back on the first pulleys;(b) Driving belts when not in use shall not be allowed to rest or ride upon shafting in motion.

Self-action machines: No traversing part of a self-acting machine in any establishment and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass whether in the course of his employment or other distance of forty five centimeters from any fixed structure which is not part of the machine:Provided that the chief Inspector may permit the continued use of a machine installed before the commencement of this Act which does not comply with the requirements of this section on such conditions for ensuring safety as he may think fit to impose.

Casing of new machinery: In all machinery driven by power and installed in any establishment after the commencement of this Act-

(a) Every set screw, belt or key or any revolving shaft, spindle wheel or pinion shall be so, sunk, encased or otherwise effectively guarded to prevent danger; and(b) all spur, worm and other toothed or friction gearing which does not require frequent adjustment while in motion shall be completely encased unless it is so situated as to be as safe it would be if it were be if were completely encased.

Hoists and lifts: In every establishment every hoist and lift shall be-Of good mechanical construction, sound material and adequate strength, (b) properly maintained

Revolving machinery: In every room in an establishment in which the process of grinding is carried on, there shall be permanently affixed to, or placed near, each machine in use a notice indicating the following-(a) Maximum safe working peripheral speed of every grind stone or abrasive wheel: (b) The speed of the shaft or spindle upon which the wheel is mounted;(c) The diameter of the pulley upon such shaft or spindle necessary to secure such safe working peripheral speed.

Pressure plant: If in any establishment any part of the plant or machinery used in manufacturing process is operated at a pressure above atmospheric pressure, effective measures shall be taken to ensure that the safe working pressure of such part is not exceeded.

Floors, stairs and means of access: In every establishment -(a) all floors, stairs, passages and gangways shall be of sound construction and properly maintained and where it is necessary to ensure safety steps, stairs, passages and gangways shall be provided with substantial handrails;(b) there shall, so far as is reasonably practicable, be provided and maintained safe means of access to every place at which any person is, at any time, required to work; and(c) All floors, ways and stairways shall be clean, wide and clear of all obstructions.

Pits, sumps, opening in floors, etc.: In every establishment, every fixed vessel, sump, tank, pit or opening in the ground or in a floor which, by reason of its depth, situation, construction or contents is or may be a source of danger, shall be either securely covered or securely fenced.

Excessive weights: No person shall be employed in any establishment to lift, carry or move any load so heavy as to be likely to cause him injury.

Protection of eyes: The Government may, in respect of any manufacturing process carried on in any establishment, by rules, require that effective screens of suitable goggles shall be provided for the protection of persons employed on, or in the immediate vicinity of a process which involves-

(a) Risk of injury to the eyes from particles or fragments thrown off in the course of the Process.(b) Risk to the eyes by reason of exposure to excessive light or heat.

Powers to require specifications of defective parts or tests of stability: If it appears to the inspector that any building or part of a building or any part of the ways, machinery or plant in an establishment, is in such a condition that it may be danger us to human life or safety, he may serve on the employer of the establishment an order in writing, requiring him before a specified date

Precautions against dangerous fumes: In any establishment no person shall enter or be permitted to enter any chamber, tank, vat pit, pipe, flue or other confined space in which dangerous fumes are likely to be present to such an extent as to involve risks of persons being overcome thereby, unless it is provided with a manhole of such size, as may be prescribed or other effective means of egress.

Explosive or inflammable dust, gas, etc.: where in any establishment any manufacturing process produces dust, gas, fume or vapor of such character and to such extent as to be l i k e l y to explode on ignition, all practicable measures shall be taken to prevent any such explosion by- effective enclosure of the plant or machinery used in the process.

1.6 WELFARE

First-aid appliances:(1) there shall, in every establishment be provided and maintained, so as to be readily accessible during all working hours first-aid boxes or cupboards equipped with the contents prescribed by rules.(2) The number of such boxes or cupboards shall not be less than one for every one hundred fifty workers ordinarily employed in the establishment.(3) Every first-aid box or cupboard shall be kept in charge of a responsible person who is trained in first-aid treatment and who shall always be available during the working hours of the establishment.(4) A notice shall be affixed in every work-room stating the name of person in charge of the first and box or cupboard provided in respect of that room and such person shall wear a badge so as to facilitate identification.(5) In every establishment wherein three hundred or more workers are ordinarily employed, there shall be provided and maintained a sick room with dispensary of the prescribed size, containing the prescribed equipment or similar facilities, in the charge of such medical and nursing staff as may be prescribed.

Maintenance of safety Record Book: In every establishment factory wherein more than twenty five workers are employed, shall maintain compulsorily, in the prescribed manner, a safety record book and safety board.

Washing facilities: In every establishment-(a) Adequate and suitable facilities for washing and bathing shall be provided and maintained for the use of the workers therein;(b) Separate and adequately screened facilities shall be provided for the use of male and female workers; and(c) Such facilities shall be conveniently accessible and shall be kept clean.

Canteens: In every establishment wherein more than one hundred workers are ordinarily employed, there shall be provided adequate number of canteens for the use of the workers.

Shelters, etc.: In every establishment wherein more than fifty workers are ordinarily employed, adequate and suitable shelters or rest rooms, and a suitable lunch room, with provision for drinking water, where workers can eat meals brought by them, shall be provided and maintained for the use of the workers.

Rooms for children: In every establishment, wherein forty or more workers are ordinarily employed, thee shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women.

Medical care for newspaper workers: Every newspaper worker and his dependents shall be entitled to medical care at the cost of the newspaper establishment in such manner and to such extent as may be prescribed.

Housing facilities in tea plantation: Every employer in a tea plantation shall provide housing facilities to every worker and his family residing in the tea plantation.

Facilities for daily necessities, etc. in tea plantation: Every employer in a tea plantation shall provide facilities within easy reach of the workers for obtaining the daily necessities of life.

Recreational and educational facilities in tea plantation: The Government may, in respect of the plantations:(a) Make rules requiring every employer to make provision for such recreational facilities for the workers and their children as may be prescribed;(b) Where the children of the tea plantation workers between the ages of six and twelve of the workers exceed twenty-five in number, make rules requiring the employer to provide educational facilities for the children in such manner and of such standard as may be prescribed.

Compulsory Group Insurance: Government may, in the manner provided by rules, introduce group insurance, in the establishments wherein minimum 200 permanent workers are employed.

1.7 WORKING HOUR AND LEAVE

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.

Weekly hours: No adult worker shall ordinarily be required or allowed to work in an establishment for more than forty-eight hours in any week.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;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

Weekly holiday: An adult worker employed in an establishment-Which is a road transport service, shall be allowed in each week one day’s holiday of twenty four consecutive hours; and no deduction on account of such holidays shall be made from the wages of any such worker.

Compensatory weekly holiday: Where, as a result of the passing of an order or the making of a rule under the provisions of this act exempting an establishment or the workers 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.

Spread over: The periods of work of and adult worker in an establishment shall be so arranged that, inclusive of his interval for rest or meal under section 101, it shall not spread over more than eleven hours, and subject to such conditions as we may imposed by the Government, either generally or in the case of any particular establishment.

Night shift: Where, an adult worker in an establishment works on a shift which extends beyond midnight:

(a) for the purposes of section 103 a holiday for a whole day shall mean in his case a period of twenty-four consecutive hours beginning from the end of his shift; and(b) The following day for him shall be deemed to be the period of twenty-four consecutive hours beginning from the end of this shift and the hours he has worked after midnight shall e counted towards the previous day.

Restriction on cumulative hours of work on a vehicle: No worker shall work or be allowed to work on a vehicle or two or more vehicles in excess of the period during which he may be lawfully employed under this Act.

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.

Limitation of hours of work for women: No women shall, without her consent, be allowed to work in an establishment between the hours of 10.00PM and 6.00 AM.

Notice of periods of work for adults and preparation thereof: There shall be displayed and correctly maintained in every establishment in accordance with the provisions of section 337, a notice of periods of work for adult workers showing clearly the periods which adult workers may be required to work.

Special age limit for Road transport Service worker: No person shall be employed as driver, in an establishment which is a road transport service unless he has attained the age of twenty one years.Closure of shops, etc.: Every establishment which is shop or commercial or industrial establishment shall remain entirely closed for at least one and a half day in each week.

Hours of work to correspond with notice and register: No adult worker shall be required or allowed 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.

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.

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.

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:Provided that noting in this section shall apply to a worker employed in a tea plantation

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

Calculation of wages and payment during leave or holiday period: For the leave or holidays allowed to a worker under the provisions of this Act, he shall be paid at the rate equal to the daily average of his full time wages including dearness allowances, and ad-hoc or interim pay, if any, for the days on which he worked during the month immediately preceding this leave but excluding any overtime allowance and bonus:

1.8 WAGES AND PAYMENT

Special definition of ‘wages’: In this Chapter, unless there is anything repugnant in the subject or context, ‘wages, means wages as defined in section 2 (XLV), and includes-

(a) any bonus or other additional remuneration payable under the terms of employment; (b) any remuneration payable in respect of overtime work, holiday or leave;(c) Any remuneration payable under any award or settlement between the parties or under order of any Court.

Responsibility for payment of wages: Every employer shall be responsible for the payment to workers employed by him of all wages required to be paid under this act:

Provided that, except in the case of a 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 responsible for such payment.

Fixation of wage-periods: Every person responsible for the payment of wages under section 121 shall fix periods, to be called wage periods, in respect of which such wages shall be payable.

Time of payment of wages: The wages of every worker shall be paid before the expiry of the seventh day after the last day of the wage period in respect of which the wages are payable.

Deductions which may be made from wages: No deduction shall be made from the wages of a worker except those authorized by or under this Act.

Wages to be paid in current coin or currency notes: All wages shall be paid in current coin or currency notes or bank cheque.

Deductions for absence from duty: deductions may be made under section 125(2) (b) only on account of the absence of a worker from the place, where by the terms of his employment, he is required to work, such absence being for the whole or any part of the period during which he is so required to work.

Deductions for damage or loss: A deduction under section 125 shall not exceed the amount of the damage o loss caused to the employer by neglect or default of the worker and shall not be made until the worker has been given an opportunity of showing cause and found guilty of the charge in compliance with the principles of natural justice.

Deductions for services rendered: A deduction under section 125(2)(d) and (e) shall not be made from the wages of a worker unless the house-accommodation, amenity or service has been accepted by him, as a term of employment or otherwise, and such deduction shall not exceed an amount equivalent to the value of the house accommodation, amenity or service supplied and, in the case of a deduction under the said clause (e), shall be subject to such conditions as the Government may impose.

Deductions for recovery of loans or advances: Deductions under section 125(2) (f) shall be subject to the following conditions, namely:(a) recovery of a loan or an advance of money given before employment began shall be made from the first payment or wages in respect of a complete wage period, but no recovery shall be made of such loans or advances given for traveling expenses;(b) recovery of loans or any advances of wages not already earned shall be subject to any rules made by the Government regulating the extent to which such loans or advances may be given and the installment by which they may be recovered.

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

Payment of undisturbed wages in cases of death of workers: subject to other provisions of this chapter, all amounts payable to a worker as wages shall, if such amounts could not or cannot be paid on account of his death or on account of his whereabouts not being known before payment,- (a) be paid to the person nominated by him in this behalf in accordance with the rules;(b) where no such nomination has been made or where for any reasons such amounts con not be paid to the person so nominated, be deposited with the labor court who shall deal with the amounts so deposited in such manner as may be prescribed.

Claims arising out of deductions from wages or delay in payment of wages: Where contrary to the provisions of this Act any deduction has been made from the wages of a worker, or any payment of wages has been delayed, or payment of wages or gratuity under any rule or his dues in the provident fund delayed, such person himself, or in case of his death any of his legal heirs or any legal representative, may apply to the Labor Court for recovery of such unpaid wages or delayed wages or any other dues.

Court fees in proceeding under section 132: In any proceedings under section 132, the applicant shall not be liable to pay any Court fees other than fees payable for service of process in respect of such proceedings.

Single application in respect of a class of workers whose wages have not been paid or wages deducted: A single application may be presented under section 132 on behalf o in respect of any number of workers belonging to the same unpaid group whose ages have been delayed or deducted, and in such case compensation that may be awarded under section 132(5).

Appeal: An appeal against an order passed by the Labor court under section 132 may be preferred, within thirty days of the date on which the order was passed, before the Tribunal.

Conditional attachment of property of employer or other person responsible for payment of wages: Where at any time-(a) After an application has been made under section 132, the Labor court, or(b) After an appeal has been filed under section 135, the Tribunal.

Power to recover from employer in certain cases: When the Labor Court is unable to recover from any person, other than an employer, responsible under section 121 for the payment of wages any amount directed by such court or tribunal, as the case may be, to be paid by such person; it shall recover the amount from the employer.

1.9 WORKMEN’S COMPENSATION FOR INJURY BYACCIDENT

Employer’s Liability for compensation: If personal injury is caused to a worker by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this chapter.

Amount of compensation: Subject to the provisions of this chapter the amount of compensation shall be as follows, namely:

(a)Where death results from the injury, a worker in receipt of monthly wages falling within limits shown in the third column of the Fifth Schedule the amount shown against such limit thereof;(b)Where permanent total disablement results from the injury

Method of calculating wages: In this chapter and for the purpose thereof the expression

‘Monthly wages’ means the amount of wages deemed to be payable for a month’s service, whether the wages are payable by the month o by whatever other period or at piece rates,

Review: Any monthly payment payable under this chapter, either under an agreement between the parties or under the order of a Labor court, may be reviewed by the Labor court, if-

(a) On the application either of the employer or of the worker accompanied by the certificate of a registered medical practitioner that there has been a change in the condition of the worker

Distribution of compensation: No payment of compensation in respect of a worker whose injury has resulted in death, and no payment of a lump sum as compensation to a person under a legal disability, shall be made otherwise than by deposit with labor court.

Commutation of monthly payments: (1) The employer may pay lump sum amount as monthly payments, by agreement between the parties or,(2) If the parties do not agree as such and the payments have been continued for not less than six months, on the application of either party to the Labor court be redeemed by the payment a lump sum of such amount as may be determined by the Labor court.

Notice and claim: No claim for compensation shall be entertained by a labor court unless notice of the accident has been given in the manner herein after provided as soon as practicable after the happening thereof and unless the claim is preferred before it within two years of the occurrence of the accident or in case of death, within two years from the date of death.

Compensation not to be assigned, attached or charged: Save as provided by this chapter, no lump sum or monthly payment payable under the chapter shall in any way, be capable of being assigned or charged or be liable to attachment or pass to any person other than the worker by operation of law, nor shall any claim be set off against same.

Power to require from employers statements regarding fatal accidents: Where a labor 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 may send by registered post a notice to the workers employer requiring him to submit, within thirty days of the service of the notice, a statement, in the prescribed form, giving the circumstances attending the death of the worker, and indicating whether, in the opinion of the employee, he is or is not liable to deposit compensation on account of the death,

Medical examination: Where a worker has given notice of an accident, the employer shall before the expiry of three days from the time at which service of the notice has been affected, have the worker examined free of charge by a registered medical practitioner, and the worker shall submit himself for such examination,

Reports of fatal accidents: Where, by any law for the time being in force, notice is required to be given to any authority, by or on behalf of an employer, of any accident occurring on his premises which results in death the person required to give the notice shall, within seven days of the death, send a report to the Labor Court giving the circumstances attending the death.

Compensation on contracting: Where any person, here in after in this section referred to as the principal, in the course of or for the purposes of his trade or business contracts with any other person, hereinafter in this section referred to as the contractor, for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the principal, the principal shall be liable to pay to any worker employed in the execution of the work any compensation which he would have been liable to pay if that worker had been immediately employed y him; and where compensation is claimed from the principal, this chapter shall apply as if reference to the principal were substitute for references to the employer expect that the amount of compensation shall be calculated with reference to the wages of the worker under the employer b y whom he is immediately employed.

Insolvency of employer: Where any employer has entered into a contract with any insurers in respect of any liability under this Chapter to any worker, then in the event of the employer becoming insolvent or making a composition or scheme of arrangement with his creditors or, if the employer is a company, in the event of the company having commenced to be wound up, the rights of the employer against the insurers as respects that liability shall, not withstanding anything in any law for the time being in force relating to insolvency or the winding up of companies, be transferred to and vest in the worker, and upon any such transfer the insurers shall have the same rights and remedies and be subject to the same liabilities as if they were the employer, so however, that the insurers shall not be under any greater liability to the worker than they would have been under to the employer.

Special provision relating to masters and seamen: This chapter shall apply in the case of workers who are masters of ships or seamen subject to the following modifications

1.10 TRADE UNIONS AND INDUSTRIAL RELATIONS

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 (LXXV), and includes, for the purpose of any proceedings under this Chapter in relation to an industrial dispute, a person who has been dismissed, discharged, retrenched, laid off or wither wise removed from employment in connection with or as a consequence of that dispute or whose dismissal, discharge, retrenchment, lay off or removal has led to that dispute, but does not include a person employed as a member of the watch and ward or security staff or fire-fighting staff or confidential assistant or telex operator or fax operator or cipher assistant or any establishment.

Trade unions of workers and employers: Subject to the provisions of this Chapter,-(a) workers, without distinction whatsoever, shall have the right to form trade union primarily for the purpose of regulating the relations between workers and employers or workers and workers and, subject to the constitution of the union concerned, to joint trade union of their own choosing;(b) Employers, without distinction whatsoever, shall have the right form trade union primarily for the purpose of regulating the relations between employers and workers or employers and employers and, subject to the constitution of the union concerned, to join trade union of their own choosing.

Application for registration: Any trade union may, under the signature of its president and secretary, apply for registration of the trade union to trade unions of the concerned area under this chapter.

Requirements for application: An application for registration of a trade union shall be made to the director of Labor or to the officer authorized in this behalf.

Requirements for registration: A trade union shall not be entitled to registration under this chapter unless the constitution thereof provides for the following matters, namely:(a) The name and address of the trade union;(b) The objects for which the trade union has been formed;(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 statement of the purposes for which such fund shall be applicable;(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 m a y be imposed on him.

Registration: The director of Labor, on being satisfied that a trade union has complied with all the requirements of this chapter, shall register the trade union in a prescribed register and issue a registration certificate in the prescribed form within a period of sixty days from the date of receipt o the application for registration.

Registered trade union to maintain register etc.: Every registered trade union shall maintain the following registers and books in such form as may be prescribed:(a) a register of members showing particulars of subscriptions paid by each member; (b) an accounts book showing receipts and expenditure; and(c) A minute book for recording the proceedings of meetings.

Disqualification for being an officer or a member of a trade union: Notwithstanding anything contained in the constitution of a trade union, a person shall not be entitled to be, or to be elected as a member or an officer of a trade union if-(a) He has been convicted of an offence involving moral turpitude or an offence under section 196 or section 298 and unless two years have elapsed from the date of his release;

(b) He is not employed or engaged in that establishment in which the trade union is formed; N o t h i n g is sub-section shall apply to any federation of trade unions.Registration of trade unions in a group of establishment: Notwithstanding anything contained in this chapter, for the purpose of formation of a trade union any group of establishments shall be treated as an establishment, and no separate trade union shall be formed in any establishment included in the group of establishments.

Registration of trade union in civil aviation establishments: Notwithstanding anything contained in this chapter, where any recognized international organization exists in respect of any specialized and skilled trade, occupation or service in the field of civil aviation establishment in Bangladesh may form trade union of their own, if such trade union is necessary for affiliation with such international organization.

Registration of trade union by seamen: Notwithstanding anything contained in this chapter, Bangladeshi seamen normally serving in oceangoing ships may form trade union of their own.

Conditions of service to remain unchanged while application for registration pending: No employer shall, while an application for registration of a trade union is pending, alter, without prior permission of the director of labor, to the disadvantage of any worker who is an officer of such trade union the conditions of service applicable to him before the receipt of the application by the director of labor.

President Etc. not to be transferred: Neither the president nor the General Secretary. Organizing Secretary or Treasure of any trade union shall be transferred from one district to another without his consent.

Cancellation of registration : Subject to the other provisions of this section, the registration of a trade union may be cancelled by the director of Labor if the trade union has-(a) Applied for cancellation of registration; (b) ceased to exist;(c) Obtained registration by fraud or by misrepresentation of facts.Certificate of registration: The Director of Labor, on registering a trade union under section182, shall issue a certificate of registration in the prescribed form which shall be conclusive evidence that the trade union has been duly registered under this chapter.

No trade union to function without registration: No trade union which is unregistered or whose registration has been cancelled shall, subject to section 191 (2), function as a trade union.

Restriction on dual membership: No worker or employer shall be entitled to enroll himself, as, or to continue to be, a member of more than one trade union at the same time.

Unfair labor practices on the part of employers: No employer or trade union of employers and no person acting on their behalf shall-(a) impose any condition in a contract of employment seeking to restrain the right of a person who is a party to such contract to join a trade union or continue his membership of a trade union ; or

(b) Refuse to employ or refuse to continue to employ any person on the ground that such person is, or is not, a member or officer of a trade union.

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

Unfair labor practices on the part of workers: No worker shall engage himself in any trade union activities during his office hours without the permission of his employer:

Provided that nothing in this sub-section shall apply to the trade union activities of the president or the General Secretary of a trade union which is the collective any committee, negotiation, conciliation, arbitration or proceeding under this Act, and the employer has been duly informed of such activities.

Law of conspiracy limited in application: No officer or member of a registered trade union or a collective bargaining agent as a determined by the Director of Labor 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 the commit an offence, or otherwise violet any law other than this Chapter.

Collective bargaining agent:(1) Where there is only one trade union in an establishment, that trade union shall, be deemed to be collective bargaining agent for such for such establishment.(2) Where there are more trade unions than one in an establishment, the Director of Labor 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 not more than one hundred and twenty days from the date of receipt of such application, to determine as to which one of such trade unions shall be the collective bargaining agent for the establishment.(3) Upon receipt of an application under sub-section (2) the director of Labor shall, by notice in writing call upon every trade union in the establishment to which the application relates to indicate.

1.11 SETTLEMENT OF DIPUTES, LABOUR COURT, LABOURS APPELLATE TRIBUNAL, LEGAL PROCEEDINGS, ETC.

Settlement of industrial disputes: If, at any time an employer or a collective bargaining agent finds that an industrial dispute is likely to arise between the employer and workers or any of the workers, the employer, or, as the case may be, the collective bargaining agent shall communicate his or its views in writing to the other party.

Rising of industrial disputes: No industrial dispute shall be deemed to exist, unless it has been raised in accordance with this chapter by a collective bargaining agent or an employer.

Strike and lock-out: The party which raised the dispute may, within fifteen days of the issue to it a certificate of failure under section 210 (11), either give to the other party a notice of strike or lockout, a the case may be, to commence on a day, not earlier than seven days and not later than fourteen days of the date of such notice, to be specified therein, or make an application to the labor court for adjudication of the dispute:

Provided that no collective bargaining agent shall serve any notice of strike unless three-fourths of its members have given their consent to it through a secret ballot specially held for the purpose, under the supervision of the conciliator, in such manner as may be prescribed.

Cessation of industrial dispute: If the party raising an industrial dispute under section210 fails to-(a) Make a request of the conciliator to conciliate in the dispute under section 210(4) within in period specified therein; or(b) Commence strike or lock-out, as the case may be, on the date specified in the notice served under section 211 (1).

Application to Labor court: Any collective bargaining agent or any employer or worker may apply to the labor court for the enforcement of any right guaranteed or sauced to it or him by or under this act or any award or settlement.

Labor courts: For the purposes of this Act, the Government shall, by notification in the official Gazette, establish as many labor courts as it considers necessary.

Procedure and powers of labor courts in trial of offences: Subject to the provisions of this act, a labor court shall, while trying an offence follow as nearly as possible summary procedure as prescribed under the code of criminal procedure.

Procedure and power of Labor courts in any matter other than trial of offences: A Labor court shall for the purpose of adjudicating and determining any matter or issue or dispute under this act be deemed to be a civil court and shall have the same powers as are vested in such court under the code of civil procedure, including the powers of-(a) enforcing the attendance of any person, examining him on oath and taking evidence; (b) compelling the production of documents and material objects;(c) Issuing commissions for the examination of witnesses or documents;

Appeal from judgments etc. of labor courts: Subject to this act, any party aggrieved by an award, decision, sentence or judgment given or passed by a labor court may prefer an appeal to the labor Appellate tribunal within sixty days of the delivery there of and the decision of the Tribunal in such appeal shall be final.

Labor appellate tribunal: For the purpose of this act there shall be a labor appellate tribunal which shall consist of a chairman, and if the government so deems fit, such number of other members as the government may appoint from time to time.

Form of application or appeal: An application to a labor court and an appeal to the tribunal may be made in such form as may be prescribed, and shall contain, in addition to any particulars which may be prescribed.A concise statement of the circumstances in which the application is made or appeal is preferred and the relief claimed;The provision of the law under which the application or appeal is made and the relief prayed for.

Appearance of parties: Any appearance, filing of application or any act required to be made or done by any person before or to a labor court or the tribunal, other than an appearance of a party which is required for the purpose of his examination as a witness may be made or done on behalf o such person by any person authorized in writing or by a lawyer.

Costs: All costs, incidental to any proceedings or appeal before a labor court or the tribunal, shall, subject to this act or any rules are awardable in the discretion of the labor court or the tribunal.

Settlement and awards on whom binding: A settlement arrived at in the course of a conciliation proceeding or an award of an arbitrator or an award, decision or judgment of labor court or the award, decision or judgment of the tribunal shall be binding-(a) On all parties to the dispute(b) On all other parties summoned to appear in any proceedings before a labor court as parties to the dispute, unless the court specifically otherwise directs in respect of any such party;(c) On the heirs, successors or assigns of the employer in respect of the establishment to which the dispute relates where an employer is one of the parties to the dispute.

Effective date of settlements, awards, etc.: A settlement shall become effective-If a date is agreed upon by the parties to the dispute to which it relates, on such date; andIf a date is not so agreed upon, on the date on which the memorandum of the settlement is signed by the parties.Commencement and conclusion of proceedings: A conciliation proceeding shall be deemed to have commenced on the date on which a request for conciliation is received by the conciliator under section 210(4).

Prohibition on serving notice of strike or lock-outs while proceeding pending: No notice of strike or lock – out shall be serviced by any party to an industrial dispute while any conciliation proceedings before an arbitrator or a labor court or an appeal to the Tribunal are or is pending in respect of any matter constituting such industrial dispute.

Power of labor court and tribunal to prohibit strike, etc.: When strike or lock-out in pursuance of an industrial dispute has already commenced and is in existence at the time when in respect o such industrial dispute, there is made to, or is pending before labor court any application the labor court may, by an order in writing, prohibit continuance of the strike or lock-out.

Illegal strikes and lock-outs: A strike or lock-out shall be illegal, if-

(a) it is declared, commenced or continued without giving to the other party of the dispute in the prescribed manner a notice of strike or lock-out or before or after the date of strike or lock-out specified in such notice, or in contravention of section 225, or,

It is declared, commenced or continued in consequence of an industrial dispute raised in a manner other than that provided in section 205,

Conditions of service to remain unchanged while proceedings pending: No employer shall, while any conciliation proceeding or proceedings before an arbitrator, a labor court or the tribunal in respect of an industrial dispute are pending, alter to the disadvantage of any worker concerned in such dispute the conditions of service applicable to him before the commencement of the conciliation proceedings or of the proceedings before the arbitrator, the labor court or the tribunal, as the case may be, not shall he save with the permission of the conciliator, while any conciliation proceedings ore pending ; or save with the permission of the arbitrator, the Labor court or the tribunal, while any proceedings before the arbitrator, Labor court or the tribunal.

Protection of certain persons: No person refusing to take part or to continue to take part in any illegal strike or illegal lock-out shall, by reason of such refusal, be subject to expulsion from any trade union or to any fine or penalty or to the deprivation of any right or benefit which he or his legal representatives would the deprivation of any right or benefit which he or his legal representatives would otherwise have been entitled, or, be liable to be placed in any respect, either directly or indirectly, under any disability or disadvantage as compared with other numbers of the trade union.

Representation of parties: A worker who is a party to an industrial dispute shall be entitled to be represented in any proceedings under this chapter by an officer of a collective bargaining agent and, subject to the provisions of sub-section (2) and (3), any employer who is a party to an industrial dispute shall be entitled to be represented in any such proceeding by a person duly authorized by him.Interpretation of settlements and awards: If any difficulty or doubt arises as to the interpretation of any provisions of an award or settlement, it shall be referred to the tribunal.

1.12 WORKERS ‘PARTICIPATION IN COMPANIES PROFITS

Application of the chapter: This chapter shall apply to all establishments which are companies engaged in industrial undertakings which satisfy any one of the following conditions, namely:-(a) The number of workers employed by the company in any shift at any time during a year is one hundred or more;(b) The paid-up capital of the company as on the last day of its accounting year is one crore taka or more;(c) the value of the fixed assets of the company at cost as on the last day of the accounting year is not less than two crore taka or more.

Special definitions: In his chapter, unless there is anything repugnant in the subject or context,-‘Participation fund’ means the workers ‘participation fund established under this chapter;

(a) ‘Welfare fund’ means the worker’s welfare Fund established under this chapter;(b) ‘Company’ means a company within the meaning of the companies act, 1994,

Establishment of Participation Fund and welfare fund:(1) Every Company to which this chapter applies shall-(a) establish a workers’ Participation Fund and a workers’ Welfare Fund in accordance with this chapter within one month of the date of which the chapter becomes applicable to it; and(b) pay every to the participation fund, and the welfare fund, not later than nine months from the close of that year, five percent of its net profits during such year, the proportion of the payment to the participation Fund and the welfare fund being 80:20.

Management of Funds:(1) As soon as may be, after the establishment of the participation fund and the welfare fund, there shall be constituted a board of trustees, consisting of the following members namely;

(a) two persons nominated by the collective bargaining agent and if there be no collective bargaining agent in the company, two persons elected by the workers of the company from amongst themselves; and(b) Two persons nominated by the management of the company of whom at least one shall be a person from the accounts branch of the company.

Penalty:(1) Where any company fails to comply with the provisions of section 234, the Government may, by order in writing, require it to comply with those provisions within such time as may be specified in take order.(2) If the company in relation to which an order has been made, fails to comply therewith within the time specified therein, every director, manager or other officer responsible for the management of the affairs of the company shall, if the Government, by order so directs pay by way of penalty a sum which may extend to ten thousand taka and in the case of continuing failure, a further sum which may extend to one thousand taka for everyday after the first during which the failure continues.

Settlement of disputes, etc.:(1) Any differences arising between the board and the company relating to the administration of the funds shall be reported to the Government whose decision thereon shall be final.

Power to call for information: The Government may, at any time call upon a company or a Board of Trustees to furnish it with such information or documents, including the records of the proceedings of the company or the Board, as may be relevant or useful for the purposes of, or necessary, for ensuring proper compliance with, the provisions of this chapter and the rules made in this behalf.

Delegation of power: The Government may, by notification in the official Gazette, direct that all or any of its powers of functions under this chapter may, subject to such conditions, if any as may be specified in the notification, be exercised by any of authority so specified.

Investment of Participation Fund – (1) the amount allocated or accruing to the participant in fund shall be available to the company for its business operation.

Eligibility to benefits:(1) all workers shall be eligible to the benefits of this chapter and to participate in the funds.

Utilization of participation fund:(1) Of the total amount deposited in the participation fund every year, two-thirds shall be distributed in equal proportion to all workers in cash and one-third shall be invested in accordance with the provisions to all workers.

Utilization of welfare fund: The amounts deposited in the welfare fund shall be utilized for such purposes and in such manner as the board may decide and the board shall inform the government of such decision.

Fiscal concessions to the companies: All companies to whom this chapter applies shall be allowed the allocation made to the fund as a deduction to arrive at the taxable income.Tax treatment of income of the funds: The income of the funds including capital gains shall be exempt from income tax.

Entrustment of management of participation fund to Investment corporation of Bangladesh, etc: The board may, with the prior approval of the Government, enter into a contract with the Investment corporation of Bangladesh or the sonali Bank, entrusting the management of the participation fund to that corporation or bank on such fee, which shall be payable by the company, and on such fee, which shall be payable by the company, and on such terms and conditions as may be mutually agreed upon.

Working and location of board of trustees: (1) The office of the board of trustees shall be located at the factory premises, or if there is more than one factory run by the company at the registered head-office of the company.

Audit of accounts of the fund: The funds shall be audited annually at the company’s expense in the same manner s the accounts of the company are audited:Provided that the Government may, at its own cost, appoint independent accountants for a special audit of the accounts of the funds.

Funds’ benefits to be in addition to other benefits: The benefits to a worker under this chapter shall be in addition to, and not in derogation or substitution of, any other benefits to which the worker may be untitled under any other law, contract, terms and conditions of employment or otherwise.

Special provisions for industries working seasonally: Notwithstanding anything contained in this chapter, the Government may by notification in the official Gazette, make special provisions for the participation of the workers in the profits of companies engaged in industrial undertaking which operate only for a part of the year.

Companies engaged in more than one industrial undertakings: Notwithstanding anything contained in this chapter, the Government may, a the request of a company which is engaged in more than one industrial undertakings located at different place permit the splitting up of the funds amongst the various undertakings or groups of undertakings and constitution of a board of trustee for each such undertaking or group of undertakings and there upon the provisions of this chapter shall have effect relation to such undertakings or groups as it each such undertaking or group were a company.

Tax treatment of income to the workers: All sums paid out of the funds shall be exempt from income-tax in the hands of the workers.

1.13 PROVIDENT FUNDS

Provident funds for workers in private sector establishments:(1) an establishment in the private sector may constitute for the benefits of its worker a provident fund.(2) Such provident fund shall be constituted in such manner as may be prescribed by rules made by the establishment in this behalf under section 3.(3) Notwithstanding anything contained in sub-section 920, the Government may make rules for constitution of provident funds for workers employed in establishments in private sector, and where such rules are made each establishment to which the rules apply, shall comply with the requirements of such rules(4) At least half of the total accumulations in such provident fund shall be invested for the purpose of any of the following, namely:

(a) I.C.B Mutual Fund Certificates(b) I.C.B Unit certificates; and(c) Government securities including defense and postal saving certificate.

Tea plantation workers ‘Provident fund:(1) there shall be established provident fund to be called the Tea plantation workers ‘Provident fund.(2) The Tea plantation workers ‘provident fund, hereinafter in this chapter referred to as the fund shall vest in and be administered by, the board of Trustees constituted under section 266.

Board of Trustees: The Government shall, by notification in the official Gazette, constitute a board of trustees to be called the board of trustees for the tea plantation workers’ provident fund.

Cost of administration:(1) the trustee board may levy an administrative charge on the basis of contribution.(2) The Government in consultation with the board shall fix such percentage of the total employers and workers contributions as cost of administration.(3) The employers shall, within fifteen days of the close of every month, pay the charge so fixed to the fund by separate bank draft or cheque.

Contributions:(1) Every employer of a tea plantation, which is in existence for more than three years, shall, in respect of every worker other than an apprentice employed in his tea plantation for more than a year, pay to the fund a contribution at the rate of seven and a half per cent of the basic wages for the time being payable to that worker(2) Every worker mentioned in sub-section (1) shall pay to the fund a contribution equal to be contribution payable by the employer in respect of him.(3) Where the amount of any contribution payable under this section involves a fraction of taka, such fraction shall be rounded off to the nearest taka.

Provident fund for Newspaper workers: Every newspaper establishment shall constitute, for the benefit of its newspaper workers, a provident fund in such manner as may be prescribed by rules.

Provident fund not liable to attachment: The amount standing to the credit of any worker on account of his provident fund accumulation, shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by the worker not any receiver appointed under the Insolvency act, 1920 (V of 1920), shall be entitled to, or have any claim on, any such amount.Priority of payment of contribution over other debts : The amount due in respect of any contribution under this chapter shall, where the liability has accrued before the employer is adjudged insolvent, or in the case of a company ordered to be wound up before the date of such order, be deemed to be included among the debts which under section 61 of the insolvency act,1920 (V of 1920) or under section 230 of the companies act, 1994, (VII of 1913) are to be paid in priority to all other debts in the distribution of the property of the insolvent or the assets of the company being wound, up, as the case may be.

Employer not to reduce wages or other amenities: No employer shall, by reason only of his liability for payment of any contribution to the fund or any charges under this act or the rules, reduce, whether directly or indirectly, the wages of any worker or other benefit to which the worker is entitled under the terms of his employment

Recovery of damages: Where an employer makes default in the payment of any contribution to the fund in the payment of any charges payable under any other provision of this chapter or the rules, the board in addition to the amounts of arrears so due may recover from the employer such damages, not exceeding twenty five percent, of the amount of such arrear.

1.14 PENALTY AND PROCEDURE

Penalty for non-compliance of labor court’s order under section -33: Whoever refuses or fails to comply, with an order passed by the labor court under section-33 shall be punishable with simple imprisonment for a term which may extend to three months, or with fine which may extend to five thousand taka, or with both.

Penalty for employment of child and adolescent: whoever employs any child or adolescent or permits any child or adolescent to work in contravention of any provision of this act; shall be punishable with fine which may extend to five thousand taka.

Penalty for contravention of the provisions of chapter IV by an employer: If any employer contravenes any provision of chapter IV, he shall be punishable with fine which may extend to five thousand taka

Penalty for making agreement in respect of a child in contravention of section -35: Whoever, being the parent or guardian of a child, makes an agreement in respect of such child in contravention of section 35, shall be punishable with fine which may extend to one thousand taka.

Penalty for working for payment during permitted period of absence: If a woman does any work in lieu of cash or kind during the period she has been permitted by her employer to absent herself under the provisions of chapter IV, she shall be punishable with fine which may extend to one thousand taka.

Penalty for contravention of section 67: Whoever sells or lets on hire or as agent of a seller or hire, causes or procures to be sold or let on hire, for use in an establishment any machinery driven by power which does not comply with the provisions of section 67, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand taka, or with both.

Penalty for payment or wages at a rate below the minimum rate of wages: Any employer who pays any worker wages at a rate lower than the rate declared under chapter XI to be the minimum rate of wages shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand taka, or with both

Penalty for failure to give notice of accidents: Whoever, in contravention of any provision of this act fails to give notice of any accidental occurrence, he shall, if the occurrence results in serious bodily injury, be punishable with fine which may extend to one thousand taka or if the occurrence results in loss of life, be punishable with imprisonment which may extend to six months, or with fine which may extend to three thousand taka, or with both.

Penalty for unfair labor practices: Whoever contravenes any provision of section 195, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand taka, or with both

Penalty for committing breach of settlement etc.: Whoever commits any breach of term of any settlement award or decision which is binding on him under this act shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten thousand taka or with both

IMPLEMENTATION OF LABOR LAWS IN BANGLADESH

2.1 INTRODUCTION

The existing labor and industrial laws are in favor of the employers while not in favor of the workers in Bangladesh. In this country, the existing laws regarding laborers are primitive in nature. Lack of a proper execution system of the laws is the main cause in the ignorance of labor rights. Though they are existing in the provision of trade unions and collective bargaining agents (CBA) to preserve the workers interests, the trade unions and CBA do not perform their respective duties properly. Politicization of labor and industrial sectors, corruption of the trade union leaders and the role of CBA are responsible in this connection. So, the main purpose of this study is to explore the anomalies of labor laws in implementing labor rights as well as to suggest how to amend the existing laws or to enact new laws, in favor of workers.

From the very beginning of civilization the rights of laborers have been ignored and laborers have had a lack of awareness of their own rights. Laborers are deprived of all kind of rights, all over the world. This deprivation puts the labor class in an extreme position, which requires them to rein store their rights. To do this they have begun to organize themselves. A Trade union is the outcome of such demands. Everyone has the right to form and to join a trade union for the protection of their interests [1]. The labor laws have given birth to some fundamental industrial rights to laborers in the field of production, and it has also provided protection for those rights [2]. Labor rights in Bangladesh are not justifiable under the existing labor laws and lack of proper execution system of those existing laws is the main course for not ensuring labor rights [3]. In this context Nuruzzaman, M. [4] studied the failure to achieve labor rights and clearly identified the following host factors, including workers' disunity, ideological divide between various trade unions, lack of organizational structure, control of pro-reform national political parties over their respective trade unions, the diminishing influence of leftist trade unions in labor parties and the lack of an alternative leftist political agenda in Bangladesh politics. Viadyanathan, N. [5] discussed that the member states of the International Labor Organization (ILO) after ratification of the ILO conventions, did not take necessary actions to implement the provisions of that very convention in their domestic administration. That is why labor rights were ignored at the presence of law and conventions. The chief inspector and inspectors of labor need to comply with the provisions of existing labor laws in Bangladesh so that labor rights can be wholly ensured in Bangladesh [6]. In summaries of International labor standards [7], it has been pointed out that, international labor conventions and recommendations regarding labor rights are adopted by the international labor conference, after consultation with all the ILO's member states, of which there are 148 at present.

The conference is a tripartite body composed of government, employer's and worker's delegates. When a member state ratifies a convention, it becomes subject to legally binding international obligations. The rights as we find in the labor laws relate mainly to the laborers or employees

and few of them relate to the employers. These rights are of a fundamental, civil, political, economic, social or cultural nature.

A great number of research works have been conducted in the field of labor studies, but some findings are unexpected, and some touch on issues that had been given much attention previously. From the best of our knowledge, no research works similar to the present study have been conducted on those rights under the existing labor laws and the role of trade unions in Bangladesh.

2.2 LABOR RIGHTS IN BANGLADESH

Bangladesh offers an abundant supply of disciplined, easily trainable and low-cost work force suitable for any labor-intensive industry. Of late, there is an increasing supply of professionals, technologists and other middle and low-level skilled workers. They receive technical training from universities, colleges, technical training centers, polytechnic institutions etc. The expenditure incurred by an employer to train his employee is exempted from income tax.

Employment Conditions:

The minimum age for workers in Bangladesh is 16 years in factories and establishments. Contracts are made in the form of a letter of offer. Workers may also be engaged on verbal agreements. In government organizations and in some private organizations as well, a probation period exists for skilled or semi-skilled workers varying between three month's to one year and during this period either party may serve one month's notice for termination from, or giving up, the job. In the private sector, the dignity of labor is ensured in accordance with the principles enunciated in the ILO convention and recommendations.

Labor Laws:

In Bangladesh 47 labor laws are now in operation. These relate to (a) wages and employment, (b) trade union & industrial disputes, (c) working environment and (d) labor administration and related matters. The main labor laws are:

i. Workmen's Compensation Act, 1923,ii. Payment of Wages Act, 1936

iii. Maternity Benefit Act, 1936iv. Employment of Labor (Standing Orders) Act, 1965v. Shops & Establishments Act, 1965

vi. Factories Act, 1965vii. Industrial Relations Ordinance, 1969

Settlement of Labor Disputes:

Contract or agreement is usually made between the management and the CBA on settlement of industrial disputes as per the provisions of Industrial Relations Ordinance, 1969. In case a bipartite negotiation fails, conciliation machinery of the government is requested by the aggrieved party to intervene and the conciliation process is undertaken. If it succeeds an

agreement is signed between the parties and the Conciliation Officer becomes a witness. If it fails, the party raising the dispute may go for strike or lockout as the case may be. The government may, however, prohibit the same after one month, in the interests of the public. In the essential services like, (a) electricity, gas, oil & water supply etc. (b) hospital & ambulance services, (c) fire brigade, (d) railway and Bangladesh Biman and (e) ports etc., striking is prohibited.

Wages and Fringe Benefits:

In the public sector, wages and fringe benefits of the workers are determined by the government on the recommendation of the National Wages Commission established from time to time. Such commissions were appointed in 1973, 1977, 1984, 1989 & 1992. Wages & fringe benefits declared by the government in 1977 have 20 grades of wages. The public sector employees are, however, covered by the Pay Commission declared by the government from time to time. In the private sector, the wages and fringes benefits of the workers and employees are determined through a collective bargaining process. Sometimes private industries follow the public sector wages and salary structure for their workers and employees, respectively.

Leave and Holidays: Leave and holidays of the workers and employees are regulated by the Factories Act, 1965 and shops Establishment Act, 1965.

Social Security:

Social security is an area where the discrepancy between law and practice appears to be very wide. Workmen Compensation, Maternity Benefit (Tea Estate) Act, 1950, Maternity Benefit Act, 1939, Employment of Labor (standing orders) Act, 1965 etc. deal with provident funds and gratuities.

Working Hours:

Workers in the public or private sector remain at their job for eight and a half hours daily (including half an hour for meal or rest) with Friday a weekly holiday marking 48 working hours a week. Work in excess of these hours, is paid as overtime. The rate of overtime is 2 hours pay for a 1-hour job.

2.3 TRADE UNIONS IN BANGLADESH

Employment in growth sectors used to be a source of workers' empowerment through trade unionism. Unions are generally highly politicized, and unions were strongest in state-owned enterprises. Civil service and security force employees were forbidden to join unions because of their highly political character. Teachers in both the public and private sector were not allowed to form trade unions. The history of the trade union movement in Bangladesh is linked with the development of a modern industrial society in the sub-continent beginning from 1850. In the Indo-Pak subcontinent the first labor organization was the All India Trade Union Congress [6].

After the independence of Pakistan, East Pakistan Trade union federation was formed on 28th September 1947. In 1959, Pakistan federation of labor was formed; it was the only central labor organization in the whole of Pakistan [8]. After declaring the Industrial Relations Ordinance -1969, freedom was given to labor to form any trade union in any commercial or industrial establishments [9]. Industrial Relations Ordinance, 1969 provides that any worker or employer has the right to form a union without previous authorization. But such a union cannot function as a trade union without being registered under the law. After liberation of the country in 1971, the Government of Bangladesh nationalized the major industries and services including banks and insurance companies. The working class of Bangladesh, with higher hopes and aspirations, demanded higher wages and fringe benefits. It is interesting to note that after liberation, the government-affiliated trade unions always dominated the trade union scene. Industrial Relations Ordinance, 1969 deals with trade unions in Bangladesh. In any industrial and commercial establishment, a trade union may be formed with 30% of the total number of workers employed. If there is more than one union in any establishment, CBA is determined by the Registrar of the Trade Union through secret ballot for a term of two years. Only the CBA is authorized to raise industrial disputes and negotiate with the management. The Director of Labor of the government acts as the Registrar of Trade Union in Bangladesh. In 1972, the number of registered trade unions in the country was 2523, with membership of 682,923 workers. Till December 2004, 6492 trade unions (worker's union - 5242 and employers' association- 1250) exist in Bangladesh having 2,094,887 members. This clearly shows the rate of multiplicity of trade unions in Bangladesh.

2.4 LABOR RIGHTS UNDER THE TRADE UNIONS

By the very Ordinance, freedom is also given to the laborers to form any federation of trade union [10]. Trade unions or federation of trade unions can be formed in any premises or any commercial or industrial establishments. The Registrar appointed under this ordinance may declare any of the trade unions formed in accordance with the provisions of this ordinance, as the CBA of that very establishment [11]. To declare a trade union as a CBA, the registrar is bound to abide by the provisions of the Ordinance. The function of the CBA is to bargain with the employers and with the government regarding labor interests and labor rights. So, it can be said that the labor organization is recognized by the state.

Forced or compulsory labor may be as a means of political coercion or education, or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system, or by mobilizing and using labor for the purposes of economic development and as a means of racial, social, national or religious discrimination [5]. The laborers of Bangladesh enjoy full freedom to choose their own sector of work, and they have the choice to be a member of any trade union, federation of trade unions or to constitute a new trade union. Nobody can put pressure upon them to do a specific work in a specific factory or establishment, or to be a member in a specific trade union. In choosing the place of work and working sector, full freedom is the fundamental right of a worker in Bangladesh. All forms of forced labor are prohibited and any contravention of this provision shall be an offence punishable in accordance with law [12].

The laid-off workers have their rights for compensation [13]. Retrenched workers have their rights of re-employment [14]. Every employer is responsible for the payment to the laborer concerned [15]. To keep the health of the worker up to a proper standard and to ensure the welfare of the workers the employers must comply with the provisions stated under the Factories Act, 1965. Every worker has the right to a proper medical examination by a qualified medical practitioner if he or she falls in an accident during working hours [16]. No worker is bound to work more than the working hours prescribed under the different Acts existing in Bangladesh. Overtime allowance must be at the rate of twice of the ordinary rate of wages [17]. Every worker is entitled to weekly holidays, festival holidays, annual leave, casual leave, and sick leave with full wages under the different Acts and Ordinances existing in Bangladesh regarding labor. Apparently it seems that laborers in Bangladesh enjoy full freedom in choosing their own work and own organization. They are provided with all kinds of rights by the employers and states. But the real phenomenon is quite different.

Every citizen shall have the right to form associations or unions [18]. Obtaining these opportunities employers and other elite forces formed so called trade union and other labor organizations under the shadow of political authorities. They use the weaker worker class at their political interest. A poor and weaker worker who is hand to mouth is not capable of forming any trade union; and cannot express his/her own opinion regarding labor politics and different labor industrial issues. So freedom of association is meaningless to a worker in Bangladesh as there is a major lack of existing labor-industrial laws in Bangladesh a worker may be dismissed without prior notice or pay in lieu thereof, if he or she is found guilty of misconduct [19]. Without giving prior notice, dismissal only on the grounds of misconduct is a violation of natural justice.A residual power is always vested upon the government in almost every section of the existing labor industry related Acts and ordinances in Bangladesh, by which the government can do whatever it likes. At present most of the employers of factories and other establishments is somehow part and parcel of the government directly or indirectly. So, the existing labor-industrial laws are in favor of the employers and not in favor of the workers.

REFERENCES 1. Universal Declaration of Human Rights 1948, Article 23(4).2. M. Abdul Halim, Text Book on Labor and Industrial Law of Bangladesh, CCB

Foundation. Dhaka, 2005, P. 27.3. Kamruddin Ahmad, Labor Management in Bangladesh (Dhaka: 1978), P. 48.4. Nuruzzaman, N. 'Labor Resistance to Pro-market Economic reforms in Bangladesh'.

Journal of Asia and Pacific Studies, Vol. 41, No. 4, p. 341-357 (2006).5. Vaydyanathan. N, ILO Standards for Social Justice and Development of Labor, Deep &

Deep Publications, New Delhi, 1992, 29.6. Khan, A. A., Labor and Industrial Law.7. Summaries of International Labor Standards, Second edition updated in (1990),

International Labor office, Geneva. 8. Khan, A. A., History of Trade Union.9. Industrial Relations Ordinance 1969, Section 3.10. Industrial Relations Ordinance 1969, Section 20.11. Industrial Relations Ordinance 1969, Section 22.12. Constitution of the People's Republic of Bangladesh, Article 34(1).

13. Employment of Labor (standing order) Act 1965, Section 9.14. Employment of Labor (standing order) Act 1965, Section 14.15. Payment of Wages Act 1936, Section 3.16. Workmen's Compensation Act 1923, Section 11.17. Factories Act 1965, Section 58.18. Constitution of the People's Republic of Bangladesh, Article 38.19. Employment of Labor (standing order) Act 1965, Section 17 (1) (b).

BENEFITS OF IMPLEMENTATION OF LABOR LAW

3.1 INTRODUCTION

Bangladesh have many company’s which are Implements labor laws in their organizations I want to discuss below ready-made garment (RMG) industry of Bangladesh whose are implement labor laws and developed their organization. The ready-made garment (RMG) industry of Bangladesh started in the late 1970s and became a prominent player in the economy within a short period of time. The industry has contributed to export earnings, foreign exchange earnings, employment creation, poverty alleviation and the empowerment of women. The export-quota system and the availability of cheap labor are the two main reasons behind the success of the industry.

In order to export readymade garments, it is not only the quality parameters which are important towards acceptance of the product as per the intended end use, but also the working environment in which the garments are to be produced, is equally important so that sweatshop concept is totally taken care of and the code of conduct must be stretched towards achieving the objectives of social compliance issues. The core areas of social accountability are, basically based on the principles of international human rights, local culture and tradition. The prime objective of the system is to protect the human rights in readymade garment industries. Thus, Bangladesh has a stiff challenge ahead to meet the demand of world market.

3.2 COMPLIANCE

Compliance means to comply with something or yield to the wishes of another. Compliance ensures all labor rights and facilities according to the buyer code of conduct. The aim of compliance is to maintain strictly the labor law.

Compliance in Bangladeshi RMG:

In addition to speedy supply, the social dimensions of the RMG industry are getting more attention from consumers, social workers, welfare organizations and brand name international buyers. Currently, many international buyers are demanding compliance with their “code of conduct” before placing any garment import order.

Informal recruitment, low literacy levels, wage discrimination, irregular payment and short contracts of service are very common practices in the RMG factories in Bangladesh. It is true

that the country still enjoys some comparative advantage in manufacturing garment products based on low labor costs.

Rented factory premises, narrow staircases, low roofs, closed environments, absence of lunch rooms, unavailability of clean drinking water and absence of separate toilets or common rooms for female workers are other concerns in the garment factories of Bangladesh. Bangladesh RMG firms need to deal with these issues in order to remain competitive in the global market

Importance of Compliance in RMG Sector:

The international apparel trade is fiercely competitive. In light of growing competition among RMG exporting countries and consumer preference for products which meet internationally recognized social standards, it is essential for Bangladesh’s RMG suppliers to improve social compliance in their factory.

Ready-made garment (RMG) is the most flourishing sector in Bangladesh and it would be imperative and that each and every issue related to improvement of the productivity and as well as quality is strictly followed, in order to survive in the global market.

Advantages of compliance in RMG:

i. Gets higher price of products ii. Free from labor unrest.

iii. Reduce worker turnover rate. iv. Increased worker morality.v. Increased productivity.

vi. Increased product quality.vii. Have global image and global recognition for their performance.

viii. Good public or community relation.ix. Improved government-industry relation.x. Satisfaction of the buyer requirement.

xi. Can work directly with reputed buyers.xii. Have consistency in order.

References:

[1] Deborah Leipziger, "SA8000: The Definitive Guide," Pearson Education Limited, May 2001.

[2] Jagdish Bhagwati, “Trade Liberalization and ‘Fair Trade’ Demand: Addressing the Environmental and Labor Standards Issues,” World Economy, vol. 18, November 1995.

[3] John Cavanagh, “Codes of Conduct on Corporations: What Appears to be Working?” Institute forPolicy Studies & The Transnational Institutes, January 20, 1996.

[4] Marsha Dickson, “Socially Responsible Consumer Behavior in the Apparel Marketing System”,The Ohio State University, 1996

[5] Stephen S. Golub, “Are International Labor Standards Needed to Prevent Social Dumping?” Finance and Development, volume 34, number 4, December 1997.

[6] Steve McFadden, “Garment Workers Study’’(1995 and 1996 editions), Marymount University, Center for Ethical Concerns, Arlington, November 1995 and November 1996.

[7] Peter Crowley, “The Role of Business in Preventing Child Labor”, the Way Forward. November1995.

[8] Rachel Marcus and Caroline Harper, “Small hands: Children in the working world” working paper number 16, Save the Children, 1996.

[9] U.S. Department of Labor, “The Sweat and Toil of Children” vols. I, II, III, Washington D.C.1995, 1996, 1997

PROBLEMS IN IMPLEMENTING LABOR LAWS

4.1 INTRODUCTION

According to the Bangladesh Bureau of Statistics Labor Force Survey (1990), there are 5.7 million 10 to 14 year old children working in Bangladesh.1 Another estimate puts the number at 15 million.2 Nearly all the child labor in export industries is found in the garment industry. According to the Bangladesh Ministry of Labor, "children are found working in garments, bakeries and confectioneries, hotels and restaurants, transport, bidi (cigarette) factories, small engineering workshops, fish-processing, and other informal and unregulated sectors." There are also allegations of children catching and processing shrimp in Chittagong for export.3

4.2 Child Labor in Export Industries

Garments:

The garment industry, including those enterprises producing accessories for finished garments, is without doubt the most significant industry in Bangladesh which utilizes child labor and exports to the United States. It is also a relatively young industry, established in 1977 and developed rapidly after 1983. In 1993, Bangladesh exported nearly $750 million in apparel to the United States.4 The garment industry's main products include shirts, trousers, jackets, T- shirts, shorts, and briefs.5 Garment workers make sports caps and sweat suits for export to the United States.6 Estimates vary on the total number of factories and workers in the garment industry. One estimate puts the figures at 1,500 factories and over 700,000 workers, of whom 75 to 90 percent are women.7 Representatives of the garment factories located in and around Dhaka frequently cite the figure of 1,800 factories registered with the BGMEA, with 1,000 actively producing garments, of which approximately 300 lead in production. However, these figures do not include a growing sub-contracting sector, which frequently goes unnoticed and unregulated.8

Children ranging in ages from eight to fourteen work in the garment industry.9 It is reported that most of the children are girls with an average age of just over 13 years -- 10 percent of whom are already married.10 Reported figures on the incidence of child labor in the garment industry vary from source to source. On the one hand, Dr. Farida Akhtar, Executive Director of the Srama Bikesh Kendra, claims that one-fourth of the workers in the garment industry are children.11 On the other hand, in May 1994 the President of the Bangladesh Garment Manufacturers and Exporters Association (BGMEA) stated that one percent of the total work force are children, numbering an estimated 8,000 - 10,000.12 A recent study by the Asian-American Free Labor Institute (AAFLI) estimates that 25-30,000 children work in the industry, mostly in subcontracting industries.13 Still others maintain that child labor does not exist in the garment industry.14 Some estimates suggest that the number of child garment workers may be near 55,000.15 A June 1994 report of the International Confederation of Free Trade Unions lists the

percentage as ranging from 20 to 40 percent.16 A recent observation made during site visits by U.S. Departments of Labor and State officials suggests that anywhere from 5 to 20 percent of the work force are under age 14. In short, children are working in the garment industry, even though various observers differ as to the precise numbers.

As a result of international attention paid to child labor in the garment industry in the recent past, both the Government and the BGMEA have made efforts to encourage manufacturers to abide by the law which prohibits the employment of children under the age of 14. Fearing the imminent passage of the Child Labor Deterrence Act (otherwise known as the Harkin Bill), garment employers dismissed an estimated 50,000 children from the factories in the fall of 1993, approximately 75 percent of all children in the industry. No follow-up study has been undertaken to determine where the children went, but it is widely thought that most of them have found employment in other garment factories, in smaller, unregistered subcontracting garment workshops, or in other sectors. Observers estimate that approximately 75 percent of all child workers in the garment industry were dismissed following governmental and industry warnings. International organizations and NGOs pressured the industry to retain the remaining children in order to have an opportunity to establish "safety nets" for them.

In its written testimony to the U.S. Department of Labor's International Child Labor Hearing, the Embassy of Bangladesh noted operations are simple and technology is uncomplicated in the garment industry. Most of the work is performed by women. These women, in the absence of any guardian at home, bring along their children, particularly female ones, for security and day-care, to their places of work. U.S. Departments of Labor and State officials, AAFLI representatives, and other non-governmental organizations, however, have witnessed children on their way to work in the morning, without parents, carrying their tiffins (tin lunch boxes) and holding their time-cards. AAFLI's study found that very few children interviewed had an immediate family member (father, mother, brother, or sister) working in the same factory, but most had a friend or some distant relative who arranged for them to get the job.17

Garment factories are located in multi-storied buildings throughout Dhaka including Mirpur, Malibagh and Rampura districts (allegedly one of the worst areas), and the Free School District area. Working conditions in general in Bangladesh are far below western standards. On a par with other factory settings, garment factories are often dimly lit, with poor ventilation, and open for very long hours. However, some factories operate with good lighting and are not overly hot or crowded. The workers, mostly female, work without a break during their shift. Too often the factory doors are locked. Sometimes guards with keys stand by the locked gate; other times no one able to unlock the iron grating is near. Many times the locked gate is the only entrance or exit to a factory. The workers, including children, are frequently locked into their work place at the beginning of the morning shift and not let out until the end of the workday, and in some cases not until the next day. Overtime hours occur during peak periods in the production cycle when manufacturers are rushing to fulfill their export quotas. AAFLI's 1994 survey of garment factories found that, like adult workers, children typically work 10 to 14 hours a day, with a half-day off on Friday.18

Children generally are given the less skilled tasks; adults are normally found operating the sewing machines and cutting fabric. Children are confined to cutting and trimming loose threads

from completed garments, serving as "helpers" to the sewing machine operators and ironers, as stockers, transporters of garments from one station to another, and finishers who pack the products.19

In contrast to some other industries in the Indian sub-continent, children in the garment industry are indeed paid, albeit very little and many times late. Each factory worker must carry an employment identification card which gives the person's name, hours worked per day, and the daily signature of a supervisor. It is only by presenting this card that an employee can receive his or her monthly wage. In some cases, the employer withholds issuance of the card for the first month or two of employment, and the child is not paid during this period. Interviews with child workers found that supervisors regularly punish misbehavior such as talking while working by docking a day's pay. Eventually the child will earn a wage. Children in some factories do not receive time cards, and often are unaware of their compulsory working hours, monthly salary, or hours of overtime work. Since there are no trade unions for the child workers, they have no bargaining power or recourse to a grievance system.

In its study of 143 garment factories in Bangladesh, the Asian-American Free Labor Institute (AAFLI) reported the salary range is 300 to 500 taka per month (about $7.69-$12.82), except for the case of sewing machine operators or ironers who were reportedly paid 750-1,800 taka per month ($19.23-$46.15), and that the children are generally paid less than adults.20 In a recent visit to Bangladesh, a Department of Labor official spoke with children who reported receiving anywhere from 250 to 700 taka per month.21 Children also reported that, like adult workers, they are often paid two to four weeks late, and rarely paid extra for overtime.22 In some factories, the child workers are appointed as "apprentices" or "helpers" for months and are not issued identification/time cards even after completing their apprenticeship period.23 In some factories, the child workers are appointed as "apprentices" or "helpers" for months and are not issued identification/time cards even after completing their apprenticeship period.24 There is no paid leave for holidays, and salary is deducted if the child is absent, or for unproductive periods when the electricity in the factory temporarily goes out. Girls under 15 years of age are preferred in these factories, as they work for less, are more likely to be unmarried with no children or domestic responsibilities, and cause no labor problems.

4.3 LAWS OF BANGLADESH

National Child Labor Laws:

Bangladesh has some 25 special laws and ordinances to protect and improve the status of children. The current laws, however, present a confusing maze of conflicting provisions regulating child labor. Under existing law, the minimum age for employment may be variously interpreted as anywhere between 12 and 16. In 1993, the Government of Bangladesh created a National Labor Law Commission to revise and harmonize labor laws. The first draft of the recommendations, completed on March 31, 1994, proposes to eliminate the inconsistencies regarding the minimum age for employment by defining a child as "a person who has not completed his fourteenth year of age."25 The draft further provides that "no child shall be employed or permitted to work in any occupation or establishment."26 According to the Joint

Secretary for Labor, these provisions, if enacted, would supersede and control all other labor laws related to children.27

Current laws include The Factories Act of 1965, which prohibits the employment of children below the age of 14 in any factory.28 This law also stipulates that young workers (i.e. children and adolescents) are only allowed to work a maximum 5-hour day and only between the hours of 7 a.m. and 7 p.m.29 The penalty for violation of this Act (Article 44(1)) is a fine up to 1,000 taka. The Employment of Children Act, 1938 (as amended in 1974) prohibits employment of children under 14 years in a factory.30 Other laws include the Shops and Establishments Act 1965 and the Children's Act 1974 and Children's Rules, 1976.

The government agency responsible for enforcing child labor laws, the Bangladesh Department of Labor and Inspectorate of Factories, lacks sufficient resources, staff and logistical support to adequately perform the task of monitoring child labor laws.31 The Government of Bangladesh also maintains that employers and factory owners/managers evade labor laws.32 It should be noted, however, that the government has instructed the garment industry not to use child labor. The Labor Ministry was unable to provide information to the Department of Labor official regarding inspections of garment factories or prosecutions or convictions of factory owners for violating the Factories Act or the Employment of Children Act.

Education Laws:

Under Bangladesh law, children must attend school through the fifth grade.33 Primary education is free and compulsory, although not compulsory for girls in the rural areas. The implementation of compulsory education has fallen short in part because parents keep their children out of school, finding school accessories too expensive or preferring their children to be working for money or helping with household chores. The current government policy is to implement compulsory education in 50 percent of the country by 1995 and 100 percent by the year 2000.34 The 1994 report by the Asian-American Free Labor Institute, however, maintains that, despite this policy on compulsory education, there has not been much progress.35 The Government of Bangladesh contends that it does not have the resources.36 A UNICEF sponsored study on non-formal education and child labor in Bangladesh noted that parents find purchasing uniforms, books, and other supplies a significant burden, especially for poor families,37 and presumably a major disincentive for sending their children to school rather than to work.

International Conventions:

Bangladesh is a party to ILO Convention No. 59 Concerning Minimum Age for Admission to Employment in Industry and the U.N. Convention on the Rights of the Child. Bangladesh has not ratified ILO Convention No. 138 Concerning Minimum Age for Admission to Employment.38

4.4 PROGRAMS AND EFFORTS TO ADDRESS CHILD LABOR

In the past year or two, there has been significant action taken by the Government of Bangladesh, the BGMEA, international organizations, and NGOs to create solutions and alternatives for child workers. In its written testimony to the U.S. Department of Labor, the Government of

Bangladesh listed official efforts either taken or planned for the future. Some of the efforts include a realization of the objectives of the Rights of the Child Convention (a National Program of Action for Children was launched on June 2, 1992); examination by the National Labor Law Commission on existing labor laws with the goal of updating and consolidating them into a "Labor Code,"; strictly enforcing child labor laws; continuing to publish notices containing the provisions of laws relating to child employment in daily newspapers and broadcasting prohibitory messages over TV and radio; and distributing posters prohibiting child labor.The government is cooperating with international organizations such as UNICEF to develop non-formal educational and other support programs for working children. The government has reportedly also agreed to allow the ILO to conduct a national survey of child workers.On July 4, 1994, the Bangladesh Garment Manufacturers and Exporters Association (BGMEA) announced that it would eliminate child labor from all garment factories by October 31, 1994.39

On May 5, 1994, Mr. Redwan Ahmed, president of the BGMEA, announced that in addition to setting up a hospital for garment workers, the BGMEA also planned to give informal education, professional training, and to provide health care facilities to the employees of the apparel sector by setting up seven clinic/hospitals and seven training center/schools in Dhaka and Chittagong.40 On many occasions both publicly and privately, the BGMEA has expressed its willingness to work with NGOs, international organizations and the government to establish programs for children. Although the BGMEA presumably has a vital interest in ensuring that the garment industry is free of child labor, as of this writing, only one of the above-mentioned programs or cooperative efforts proposed by the BGMEA recently have been implemented At its July 4, 1994 news conference, the BGMEA inaugurated one small school/clinic for children in Dhaka. Other programs or cooperative efforts recently proposed by the BGMEA have not yet been implemented.There has been tremendous public reaction in Bangladesh to the proposed Child Labor Deterrence Act,41 which, combined with serious concern for the welfare of the children, has resulted in the formation of a child labor coalition, consisting of representatives from international organizations, NGOs, labor unions, various government ministries, and representatives of the garment industry. The work is being spearheaded by UNICEF, which has researched and reviewed a number of private non-formal education programs for possible use in setting up schools for working children. In addition, numerous child welfare and education NGOs are active in the effort to provide assistance to working children.

Reference:

1 This estimate does not include children working below 10 years of age. See International Child Labor Hearing, U.S. Department of Labor (April 12, 1994) (Statement of Dr. Abdul Momen)[hereinafter Testimony of Momen].2 ICFTU/APRO Sub-Regional Seminars on Child Labor (International Confederation of Free Trade Unions/Asian and Pacific Regional Organization, October 1993) Chart 1 "Country Reports in a Nutshell."3 In numerous discussions with a Department of Labor official on a May 1994 visit to Bangladesh, individuals from all sectors noted that children were most likely employed in the processing of frozen shrimp for export. Since the industry is located in outlying areas far from Dhaka, no eyewitness reports were available. One report provided to the Department of Labor notes that European shrimp buyers have observed children in the industry. A Report on Child

Labor in Bangladesh (Asian-American Free Labor Institute, 1994) 4 [hereinafter 1994 AAFLI Report]

OVER VIEW OF SOME COMPANY

1.1 UNIVERSITY OF INFORMATION TECHNOLOGY & SCIENCES (UITS)

History and Traditions:

University of Information Technology and Sciences (UITS), the first IT-based private University in Bangladesh was founded on 7 August 2003 as a non-profit organization. INFORMATION SCIENCE AND TECHNOLOGY SOLUTION LTD. (ISTS), a concern of PHP group headed by Alhaj Sufi Mohamed Mizanur Rahman Chowdhury is the sponsor of UITS. The guiding spirit behind the endeavor is "divine blessings, mixed with hard work, backed by good intentions, make miracles."

The government was pleased to accord permission with effect from 07 August 2003 to function this university as per its Vision, Mission, Goal and Commitment to Quality Education with a view to shape a complete, more effective, more efficient humane person.It endeavors to remain at the cutting edge of building knowledge and skills, integrated with human values and ethical practices in Bangladesh. It is a science and technological knowledge-based center that provides marketable skills for younger generations who may be gainfully employed both nationally and internationally.

Mission:

The University of Information Technology and Sciences (UITS) is a multi-campus first IT based private university in Bangladesh. It aims at redefining goals of higher education and sustainable economic growth of the country through a tripartite relationship between itself, industries, reputed universities and institutions at home and abroad.

The University is dedicated to excellence in: Teaching and lifelong learning in a student-centered environment Research to advance knowledge and promote social, cultural, economic, health and technological development Service based on academic excellence and the ethics of community responsibility Engagement of the resources of the university in partnerships that respond to university and community issues Building upon unique strengths inherent in population, location, and national resource issues

Vision:

The UITS envisions itself as a leading private university that would serve the nation and the world through: Providing higher education in a student-centered environmentCritical thinking, creativity, innovation, scholarly endeavors, and the furthering of comprehensive knowledge Strengthening cultural and ethnic diversity and advancing global understanding Generating and disseminating knowledge to strengthen our society and the environment

Future Planning:

To develop a skilled, competent and innovative pool of youth who are to exploit emerging opportunities, invent new technologies in selected fields of development, and at the same time be employable at home and abroad.

The UITS will develop itself into a unique private university through: Strengthening research, creative, and scholarly endeavors improving undergraduate and graduate academics which promote intellectual development and student success through a diverse, student-centered environment strengthening cultural and community life, and promoting lifelong learning and economic opportunity

1.2 WALTON

WALTON has established first multi-staged refrigerator, freezer, air conditioner, motorcycle, LCD, LED & CRT TV manufacturing industries in Bangladesh. WALTON, the highest selling brand in this region has been emerged as a new sensation in the world of electronics, electrical & automobiles industries globally. In Bangladesh establishment of Walton HIL & other sister concerns to manufacture refrigerator, freezer, air conditioner, motorcycle, LCD, LED & CRT TV etc. is a milestone in the path of glorious success & reputation of the brand WALTON. All the manufacturing industries have introduced first advanced research and manufacturing technologies and equipments for the manufacturing & development of the products. Walton desires to provide latest technology based products with innovative design, excellent quality and different models & capacities. WALTON brand’s main products are different types of Televisions (CRT, LCD, LED), DVD Players, Motorcycles, Refrigerators & Freezers, Microwave Ovens, Steam Ovens, Domestic and Industrial Generators, Air conditioners, Mobile Phone, Iron, Washing Machine and various types of home appliances. Walton HIL & other sister concerns are furnished with strong Research & Development (R&D) division comprising with a large team of dedicated highly skilled more than 600 engineers & technical personnel from home and abroad. Walton is fully equipped with industrial set-up comprising two hundred parts & components manufacturing plants with annual production capacity of 1.4 million Refrigerators & Freezers, 0.3 million Motorcycles and 0.3 million Air Conditioners, 1.0 Million Televisions (CRT, LCD & LED). The Industry has its own Mold & Die making section, high precision molds & dies are made by the help of the state-of-the-art VMC, CNC Wire-Cut, EDM etc. machines. It has eight Poly Urethane Foaming Plants, fifteen Thermoforming (Vacuum forming) Units; highly equipped Metal Forming Units with Powder Coating, 3D Scanner & Printer, Nickel-Chrome Plant & Die-Casting Section, and Robot operated Injection Plastic Molding Plant, Highly equipped Test Lab, Printing & Packaging Section, Alloy Wheel making & ED coating plants, Seam tube , Seat foaming & Silencer making plants, Nitrogen & Electricity generating plants. Walton has very strong & rigid quality control policy. It has fully well equipped Q/C division consists of all types of testing device as required including world’s latest CMM.

 WALTON’s mission is to provide the best products with the best service. It has a large sales & after sales service network in home & abroad. Walton products have been acclaimed both domestically & internationally. With a proud commitment to quality control, Walton consistently surpasses all the rigorous quality requirements of international markets. For the high international standard quality; the international market is expanding rapidly. Walton has achieved various standard quality certificates including ISO 9001:2008 & ISO 14001:2004. Walton service network is only ISO 9001:2008 standards certified after sales service network in Bangladesh. Now Walton has vehemently proved that Made in Bangladesh is the mark of ultimate confidence.

1.3 PRAN- RFL GROUP

“Poverty and hunger are curses”- mission of PRAN-RFL group. So their aim is “to generate employment and earn dignity and self respect for our competitors” through profitable enterprises. For the achievement of this mission and aim the most recognized PRAN-RFL group was established and started manufacturing in 1982. PRAN means,

•P- Program for •R- Rural•A-Advancement• N- Nationality RFL means,•R- Rangpur •F- Foundry•L- Limited (It is a water pump and plastic pipe industry)

From the time being it has now 17 associated companies and they are beverage, property, agro based, tube wells, plastic pipes, etc. These associated industries are in— Natore, Rangpur, Ghorashal and Dhaka. It has already been obtained the ISO certificate. Their ISO mark is ISO-9001 and it was obtained after the three years of their manufacturing. Major General (Ret) Amzad Khan Chowdhry people of Natore, was the founder and the managing director of PRAN-RFL group. His son Mr. Ahsan KhanChowdhury is the deputy managing director of this group. PRAN-RFL group is now one of the greatest and significant and most successful companies in Bangladesh. They are now challenging the other multinational companies. They are now sending their products to abroad by ensuring their quality. Their export products such as rice, dal, mango bar, juice, mineral water, chatni, tea, white vinegar etc They are a raising and developing company in Bangladesh. They may be and ideal for infant industries of our country.

Analysis part on the basis of Bangladesh labor act, 2006, in PRAN-RFL group:

First aid appliances: From the law we have come to know that, during the working hours there must be first aid boxes or almirahs with prescribed contents. And we observed that, in every factory of PRAN-RFL group, there is a health care center. This health care center provides medical facilities for the workers. If the workers face any minor accident, this health care center provides first aid facilities. They have a contract with “IBNA SINA” where they provide higher

medical facilities for the workers of the factory. According to law, these boxes and almirahs should be kept in charge of a responsible person who is trained enough. This group has four well trained medical assistant for each factory. They provide 24 hours medical facilities for the officers as well as the workers. There is a notice board in front of each health care center which shows the name of the supervisor’s who is in duty. They have also one doctor for each factory. According to the law for three hundred and more workers there shall be provided and maintained an ambulance room. In PRAN-RFL group they don’t have this separate room or individual ambulance facility. But the supervisor and the duty doctor are responsible for this facility.

Maintenance and safety record book: According to law every organization consist of more than 25 workers must have to maintain a safety record book. PRAN-RFL group maintain the safety and record book where they write all the daily information’s. To maintain this book they have a maintainer who is responsible for this. This book also contain the entry and exist time of each and every employee with their signature, so that in any time they can

Figure out the total employees with their position. It is both helpful for the officers and the mid and lower level employees. For every machinery they keep log book. This book is also maintained by a diploma engineer of mechanical. This book is also contain the date of purchase and expected working life. It helps them in charging depreciation and gets the salvage value.

Washing facilities: According to law there must be some washing facilities include bathroom (separate for male and female) and keep the factory clean PRAN-RFL group provides washing facilities for the workers. They provide bathroom and washing facilities for separately male and female. But there is a problem in the out-side factory of Dhaka. Such as in Ragnpur, Natore they have toilets other than bathrooms. But there is a own provision that each and every worker is bound to wash their hands and leg in the washing room before entering the factory.

Canteens: Law says that if the quantity of employees exceed hundred than there should adequate canteen which is well furnished and with essential furniture. This canteen should be maintained by a managing committee. The managing committee should supply the hygienic foods. In PRAN-RFL group there are canteens in every factory. They don’t have any managing committee. They just give lease to the outside people but the lease is liable to follow the rules and regulation of the company.

Shelters or rest room and launch room: There are launch room for the workers where they can took their meal. There is a rule, those factories which have launch room the workers are bound to take their launch in the launch room and no workers can eat any food in the working room. But in those factories, if there is not any launch room, the canteen is used as launch room. There is no separate launch room for the male and female workers. There is not any rest room for the workers; the workers use the canteen as a restroom.

Rooms for children: This modern world is running smoothly with the help of following some rules in every sector. As like other sector, business sector is very much important to run smoothly. That is why the Labor and Business Act emerged. And, Bangladesh also updated its Labor Act in 2006. With the help of this Act and with the direct supervision of the Act each and every industry should run. Otherwise, they will fail in the competition as well as they will lose

their legal entity. On the other hand, this era is the time of complex competition. Every organization tries to use the competitive advantage. So, it is not good for any organization to give his competitive advantage to others. For this reason, our observed organization RAN-RFL groups always try to maintain the Labor Act 2006. If every organization strictly follow rules and regulation of Labor Act then it will helpful for the people to get greater benefit. If they have so then they will give their highest productivity that will increase the whole productivity of the organization, which will increase the national growth of the country. So, for our own interest and development we must try to maintain the Labor Act as proper as possible.

Compulsory company insurance: According to rules if quantity of workers is more than 200 than it is compulsory to group insurance for the employees. And this rules maintained by PRAN-RFLgroup.

Maternity welfare facilities: 1. Prohibition of employment of women workers. According to law, no women shall work during the eight weeks immediately following the day of her delivery, and no employer shall employ a woman for any difficult work for a long time before and after delivery. PRAN-RFL group gives at least 3 months maternity leave with pay.2. Right to and liability for payment of maternity benefit. Every woman employed in any establishment shall be entitled to and liable for the payment of maternity benefit, within the tentative date of her delivery and after delivery. PRAN-RFL group gives only the salary but there is no other additional benefit.3. Payment of maternity benefit in case of the death of a woman. No additional benefit is given to the woman other than their salary by the PRAN-RFL group. But they give the sum of total salary of three months by cheque. In case of death of a woman in the time of delivery, this cheque will be transferred to her husband or any other nominated person.

1.4 FAKIR KNITWEAR’S LTD.

Fakir Knitwear’s Limited is a comprehensive manufacturing and exporting company of Bangladesh. It comprises the ultra modern plants related to garment industry, such as independent knitting, dyeing, sewing, finishing and packaging with sufficiently supportive backward linkage facilities.

Nowadays, our products sell well all over the world, such as America, Europe & East Asia. Our company sticks to the policy of high quality, developing by credit standing, and gaining the world through honesty. We strongly believe in Fair Trade liabilities and practice in business towards our esteemed clients. Meanwhile we also carry out a strict quality management system in accordance with ISO 9001 requirements.

Fakir Knitwear’s Limited is fully committed to provide fair wages and good employment opportunities to economically disadvantaged artisans and workers. Fakir Knitwear’s Limited not only believe in supporting living wages and safe & healthy conditions for workers but also adheres to social criteria and environmental principles adding equitable and sustainable system of production and trade that benefits people and their communities by strategic plans to utilize

fair trade funds to achieve Empowering women, Education for Next Generation, Emergency Assistance etc.

Our quality has remained the main feature for our success. Our top notch quality of products with competitive prices makes our offerings irresistible.

FKL is very much keen about the workers related welfare issues. By keeping these issues strongly in mind FKL provided the following welfare facilities for its employees:

Health Care Center: To provide the health care facility and instant emergency service the company has established a health care center. An M.B.B.S doctor along with two assistants including a nurse is available there. Workers are given here free service treatment including medicine facility. (Photo of health care centre).

Day Care Center: The Company has provided a suitable room for the use of children under the age of six of working women. There are two trained Care Mothers is available there.  Noted here that PHULKI, an NGO is providing all kinds consulting support regarding day care center issue (Photo of day care centre).

Festival Bonus: Two festival bonuses are given in two EID. The employee who is working at least six months is given to the bonus.

Annual Anondo Ayojon: An amusing program is held each year to give entertainment of the workers name “ Anondo Ayojon” . Employers and workers enjoy the program together.

Lunch Room: Lunch room has been provided for workers. The room is for launch purposes only and the employees are requested to use the room accordingly and maintain the cleanliness of the room. Also rest room, drinking water and latrine facilities are available (related pictures should be added)

Compensation & benefits: As a company policy FKL is paying at least minimum compensation required by national law.

Transport Facility: Fakir knitwears Ltd. Give the transport facility to it’s executives and buyers. We have One 40 seated minibus and 5 Microbus with full automated AC system. Also for buyers we have another 10 different Cars and Micros.

Working Hour: Regarding working hour, FKL strictly maintains the national law. Production: 8 A.M To 5 P.M Office: 9 A.M to 7 P.M

Grievance Procedure: There are suggestion / complain box in each floor where workers may drop their vital suggestions or complaint which may enhance the company development.

Other than the complain boxes the workers may also submit their written complaint directly to the HR department or may verbally inform. More over WWC members are actively involve

regarding Complaint issues. All matters regarding complaint issues are handling with confidentially.

REREARCH RESULT

An analysis of employee responses to opinion surveys in Labor rules organization found a number of recurrent themes. Survey companies are UITS, WALTON, and PRAN - RFL GROUP AND FAKIR KNITWEARS' LTD. I am collect the data from every organizations employees face to face and some time feel that they are not interest to share with me for their organization current position because somebody satisfied their rules or somebody are dissatisfied in rules. HR Solutions, Inc., a Bangladesh-based management consulting firm specializing in Employee Engagement Surveys, compiled a top 20 list of the issues that concern employees the most:

1. Who is an adolescent as per factory act?

Survey report in Percentage

UITS WALTON PRAN - RFL GROUP

FAKIR KNITWEARS LTD

Who has complete 17 years of age 30% 30% 10% 50%Who is less than 18 years 60% 30% 6o% 20%Who has completed 15 years but less than 18 years

10% 40% 30% 30%

Comment:

Whenever I asked the question to the 1st interviewees for UITS , they showed me a positive attitude toward the question ( speedy and quick service about Implementing human resourse rules in their organization ) like their Answer was (30%) know first answer and (60%)know second answer and (10%) know third answer. For company walton, in that same question the interviewees have showed much positive impact than like their answer was (30%)known first and second answer and (40%)known third answer.For 3rd company Pran - Rfl group interviewee showed much positive impact than 1st and 2nd company such as (10%) known first answer, (60%)known 2nd answer and (30%) known third answer. and the last company Fakir knitwears ltd, in that same question the interviewees have showed much positive impact than like their answer was (50%) known first answer, (20%)known secont answer and (30%)known last answer .Survey question answer all are following company but best answer is answer one in this answer maximum person answer in fakir knitwears ltd.

2. Adult employee requirement (above 18 years) procedure is implementing in your organization as per labor act 2006

Survey report in Percentage

UITS WALTON PRAN - RFL GROUP

FAKIR KNITWEARS LTD

Yes 30% 30% 70% 70%No 70% 60% 30% 30%Unknown 0% 10% 0% 0%

Comment:

Whenever I asked the question to the 1st interviewees for UITS , they showed me a positive attitude toward the question ( speedy and quick service about Implementing human resourse rules in their organization ) like their Answer was (30%) know first answer and (60%)know second answer and (10%) know third answer. For company walton, in that same question the interviewees have showed much positive impact than like their answer was (30%)known first and second answer and (40%)known third answer.For 3rd company Pran - Rfl group interviewee showed much positive impact than 1st and 2nd company such as (10%) known first answer, (60%)known 2nd answer and (30%) known third answer. and the last company Fakir

knitwears ltd, in that same question the interviewees have showed much positive impact than like their answer was (50%) known first answer, (20%)known secont answer and (30%)known last answer .Survey question answer all are following company but best answer is answer one in this answer maximum person answer in fakir knitwears ltd.

2. Adult employee requirement (above 18 years) procedure is implementing in your organization as per labor act 2006

Survey report in Percentage

UITS WALTON PRAN - RFL GROUP

FAKIR KNITWEARS LTD

Yes 30% 30% 70% 70%No 70% 60% 30% 30%Unknown 0% 10% 0% 0%

Comments:

Decision for the company UITS, most of the interviewer were disagreed with the question as they given their vote in yes 30%, no 70% and (0%) unknown. Interviewees have given more votes in that same question in company Walton, like 30% in yes, 60% no and 10% unknown. Interviewees have given more votes in that same question in company Pran – Rfl group have given like (70%) yes, (30%) no and (0%) unknown. Interviewees have given more votes in that same question in company Fakir Knitwears ltd have given little vote like in yes 70%, no 30%,Unknown 0%.Pran – Rfl group and Fakir Knitwears are implement in adult employee requirement.

3. Availability of first aid box by your organization

Survey report in Percentage

uits walton Pran - Rfl group

Fakir knitwears ltd

Yes 30% 90% 80% 80%No 70% 10% 0% 20%Unknown 0% 0% 20% 0%

Comments:

Whenever I asked the question to the 1st interviewees for UITS , they showed me a positive attitude toward the question ( speedy and quick service about Implementing first aid system in their organization ) like their Answer was (30%) yes, (70%)no and (0%) unknown. For company walton, in that same question the interviewees have showed much positive impact than like their answer was (90%)yes, (10%)no and (0%)unknown.For 3rd company Pran - Rfl group interviewee showed much positive impact than 1st company such as (80%) yes,(0%)no and (20%) unknown answer. and the last company Fakir knitwears ltd, in that same question the interviewees have showed much positive impact than like their answer was (80%) yes, (20%) no and (0%) unknown. Survey report positive all companies without UITS.

4.Health and hygiene support are available?

Survey report in Percentage

uits walton Pran - Rfl group

Fakir knitwears ltd

Enough 30% 80% 40% 20%Poor 30% 20% 60% 50%Unknown 40% 0% 0% 30%

Comments:

Decision for the company UITS, most of the interviewer were dissatisfy with the question as they given their vote in enough 30% and in Poor 30%, and unknown 40%. Decision for the company Walton, have given more votes in that same question like 80% in enough, 20% poor and 0% unknown. Decision for the company PRAN – RFL, have given more votes in that same question like 40% enough, 60% Poor and 0% unknown. Decision for the company Fakir Knitwear’s Ltd, have given more votes in that same question like 20% enough, 50% Poor and 30% unknown, company Walton is better for the organization hygienic environment.

5. Safety materials are sufficient in your organization

Survey report in Percentage

uits walton Pran - Rfl group

Fakir knitwears ltd

Yes 30% 60% 40% 80%No 60% 10% 40% 0%Unknown 10% 30% 20% 20%

Comments:

Decision for the company UITS, most of the interviewer were disagreed with the question as they given their vote in yes 30%, no 60% and (10%) unknown. Interviewees have given more votes in that same question in company Walton, like 60% in yes, 10% no and 30% unknown. Interviewees have given more votes in that same question in company Pran – Rfl group have given like (40%) yes, (40%) no and (20%) unknown. Interviewees have given more votes in that same question in company Fakir Knitwears ltd have given little vote like in yes 80%, no 0%,Unknown 20%.Most of the company better their safety materials without UITS.

6. Eight hours working shifts followed by the organization

Survey report in Percentage

uits walton Pran - Rfl group

Fakir knitwears ltd

Yes 70% 90% 80% 90%No 30% 10% 20% 10%Unknown 0% 0% 0% 0%

Comments:

Most of the interviewees think that there is an 8 hours duty because they given their vote in company UITS, as like yes 70%, no 30% and 0% unknown. Company Walton has given more votes in that same question like 90% yes, no10% and 0% unknown. Company PRAN – RFL group has given more votes in that same question like yes 80%, no 20% and 0% unknown. Company Fakir Knitwear’s Ltd has given more votes in that same question like yes 90%, no 10% and 0% unknown. Most of the companies are followed government 8 hours working scheduled.

7.Government holidays’ are followed your organization

Survey report in Percentage

uits walton Pran - Rfl group

Fakir knitwears ltd

Yes 70% 90% 70% 90%No 30% 10% 30% 10%Unknown 0% 0% 0% 0%

Comments:

Most of the interviewees given their openion of government holidays. vote in company UITS, as like yes 70%, no 30% and 0% unknown. Company Walton has given more votes in that same question like 90% yes, no10% and 0% unknown. Company PRAN – RFL group has given more votes in that same question like yes 70%, no 30% and 0% unknown. Company Fakir Knitwear’s Ltd has given more votes in that same question like yes 90%, no 10% and 0% unknown. Most of the companies are followed government holidays.

8. Maternity benefit are followed by your organization

Survey report in Percentage

uits walton Pran - Rfl group

Fakir knitwears ltd

Yes 100% 50% 70% 40%No 0% 0% 0% 0%Unkonwn 0% 50% 30% 60%

Comments:

In this survey question vote in company UITS, as like yes 100%, no 0% and 0% unknown. Company Walton has given more votes in that same question like 50% yes, no0% and 50% unknown. Company PRAN – RFL group has given more votes in that same question like yes 70%, no 0% and 30% unknown. Company Fakir Knitwear’s Ltd has given more votes in that same question like yes 40%, no 0% and 60% unknown. Maternity benefits are satisfied in these company.

9. How many months of maternity leave are approved in your organization

Survey report in Percentage

uits walton Pran - Rfl group

Fakir knitwears ltd

3 Month 80% 50% 70% 40%4 Month 0% 0% 0% 0%Unknown 20% 50% 30% 60%

Comments:

In this survey question vote in company UITS, as like 3 month 80%, 4 month 0% and 20% unknown. Company Walton has given more votes in that same question like 3 month 50% , 4month 0% and 50% unknown. Company PRAN – RFL group has given more votes in that same question like 3 month 70%, 4 month 0% and 30% unknown. Company Fakir Knitwear’s Ltd has given more votes in that same question like 3 month 40%, 4 month 0% and 60% unknown. Maternity rules may be maintain all of the company.

10.  Minimum salary paid by your organization as per government rules

Survey report in Percentage

UITS Walton Pran -Rfl Fakir Knitwear's

Yes 80% 50% 70% 40%No 0% 0% 0% 0%Unknown 20% 50% 30% 60%

Comments:

In this survey question vote in company UITS, as like 3 month 80%, 4 month 0% and 20% unknown. Company Walton has given more votes in that same question like 3 month 50% , 4month 0% and 50% unknown. Company PRAN – RFL group has given more votes in that same question like 3 month 70%, 4 month 0% and 30% unknown. Company Fakir Knitwear’s Ltd has given more votes in that same question like 3 month 40%, 4 month 0% and 60% unknown. Maternity rules may be maintain all of the company.

11. Wages paid for the employees in the first week of month

Survey report in Percentage

uits walton Pran - Rfl group

Fakir knitwears ltd

Yes 90% 100% 100% 80%No 10% 0% 0% 20%Unknown 0% 0% 0% 0%

Comments:

In the view of the employee, they are totally agreed with that question as they given their vote in company UITS like as yes 90%, no 10% and in no 0%. Company Walton yes 100%, no 0% and in unknown 0%. Company Pran – Rfl yes 100%, no 0% and in unknown 0%. Company Fakir knitwar’s yes 80%, no 20% and in unknown 0%. All company are probably best to wages handover.

12. Workers compensation plan are available in your organization

Survey report in Percentage

uits walton Pran - Rfl group

Fakir knitwears ltd

Yes 0% 0% 0% 0%No 80% 70% 90% 100%Unknown 20% 30% 10% 0%

Comments:

In the view of the employee, they are totally disagreed with that question as they given their vote in company UITS like as yes 0%, no 80% and in no 20%. Company Walton yes 0%, no 70% and in unknown 30%. Company Pran – Rfl yes 0%, no 90% and in unknown 10%. Company Fakir knitwar’s yes 0%, no 100% and in unknown 0%. All company are not satisfied for their plan.

13. Employees skill development training is available in your organization

Survey report in Percentage

uits walton Pran - Rfl group

Fakir knitwears ltd

Yes 10% 20% 20% 0%No 90% 50% 60% 70%Unknown 0% 30% 20% 30%

Comments:

Most of the interviewees given their openion of skill development workshop and training. vote in company UITS, as like yes 10%, no 90% and 0% unknown. Company Walton has given more votes in that same question like 20% yes, no50% and 30% unknown. Company PRAN – RFL group has given more votes in that same question like yes 20%, no 60% and 20% unknown. Company Fakir Knitwear’s Ltd has given more votes in that same question like yes 0%, no 70% and 30% unknown. Most of the companies are dissatisfied for ther skill development program.

14.   Provident funds are available in your organization

Survey report in Percentage

uits walton Pran - Rfl group

Fakir knitwears ltd

Yes 100% 90% 80% 70%No 0% 0% 0% 10%Unknown 0% 10% 20% 20%

Comments:

I have gotten a somewhat reasonable answer respond from the interviewees. For Company UITS, they have given their positive response 100%, negative 0%, and in unknown 0%.For Company Walton, they have given their positive response 90%, negative 0%, and in unknown 10%. For Company Pran – Rfl Group, they have given their positive response 80%, negative 0%, and in unknown 20%. For company Fakir Knitwear’s ltd, they have given their positive response 70%, negative 10%, and in unknown 20%. Provident funds are available in all companies.

15. Paid leave is allowed for employees if they work for

Survey report in Percentage

uits walton Pran - Rfl group

Fakir knitwears ltd

6 Month 80% 0% 100% 20%25 Month 0% 0% 0% 0%12 Month 20% 100% 0% 80%

Comments:

I have gotten a somewhat reasonable answer respond from the interviewees. For Company UITS, they have given their positive response 80%, negative 0%, and in unknown 20%.For Company Walton, they have given their positive response 0%, negative 0%, and in unknown 100%. For Company Pran – Rfl Group, they have given their positive response 100%, negative 0%, and in unknown 0%. For company Fakir Knitwear’s ltd, they have given their positive response 20%, negative 0%, and in unknown 80%. Provident funds are available in all companies.

16.After termination or resign in the organization when they complete settlement procedure

Survey report in Percentage

uits walton Pran - Rfl group

Fakir knitwears ltd

Few Week 0% 0% 30% 0%Few Month 40% 0% 20% 20%Unknown 60% 100% 50% 80%

Comments:

Decision for the company UITS, most of the interviewer were disagreed with the question as they given their vote in yes 0%, no 40% and unknown 60%. Interviewees have given more votes in that same question in company Walton, like 0% in yes, 0% no and 100% unknown. Interviewees have given more votes in that same question in company Pran – Rfl group have given like 30% yes, 20% no and 50% unknown. Interviewees have given more votes in that same question in company Fakir Knitwears ltd have given little vote like in yes 0%, no 20%,Unknown 80%.Most of the Employee are don't know about the matter.

17. Every worker shall have the right to obtain information relation to worker's helth and sefety

Survey report in Percentage

uits walton Pran - Rfl group

Fakir knitwears ltd

Yes 100% 100% 100% 40%No 0% 0% 0% 60%Unknown 0% 0% 0% 0%

Comments:

In the view of the employee, they are totally agreed with that question as they given their vote in company UITS like as yes 100%, no 0% and in no 0%. Company Walton yes 100%, no 0% and in unknown 0%. Company Pran – Rfl yes 100%, no 0% and in unknown 0%. Company Fakir knitwar’s yes 40%, no 60% and in unknown 0%. All employee's are satisfied for their Information Support.

18. A weekly holiday for all followed in your organization

Survey report in Percentage

uits walton Pran - Rfl group

Fakir knitwears ltd

Yes 100% 100% 100% 40%No 0% 0% 0% 60%Unknown 0% 0% 0% 0%

Comments:

In the view of the employee, they are totally agreed with that question as they given their vote in company UITS like as yes 100%, no 0% and in no 0%. Company Walton yes 100%, no 0% and in unknown 0%. Company Pran – Rfl yes 100%, no 0% and in unknown 0%. Company Fakir knitwar’s yes 40%, no 60% and in unknown 0%. All employee's are satisfied for their Information Support.

19.   Employee grievance is look at significantly in your organization

Survey report in Percentage

uits walton Pran - Rfl group

Fakir knitwears ltd

Yes 60% 50% 100% 90%No 30% 0% 0% 0%Unknown 10% 50% 0% 10%

Comments:

In the view of the employee, they are most probably agreed with that question as they given their vote in company UITS like as yes 60%, no 30% and in no10%. Company Walton yes 50%, no 0% and in unknown 50%. Company Pran – Rfl yes 100%, no 0% and in unknown 0%. Company Fakir knitwar’s yes 90%, no 0% and in unknown 10%. All companyes are need to handle strictly employee grievance soluation.

20.   Which policy implements for lay off in your organization

Survey report in Percentage

uits walton Pran - Rfl group

Fakir knitwears ltd

30 Days 60% 0% 40% 20%60 Days 0% 10% 0% 0%Unknown 40% 90% 60% 80%

Comments:

In the view of the employee, they are ignore in this matter for that question as they given their vote in company UITS like as yes 60%, no 0% and in n40%. Company Walton yes 0%, no 10% and in unknown 90%. Company Pran – Rfl yes 40%, no 0% and in unknown 60%. Company Fakir knitwar’s yes 20%, no 0% and in unknown 80%. All companyes are need to handle strictly employee grievance soluation.

SWOT ANALYSIS

Strength: Strength of the research is – 1. Higher Authority Identify the employees’ problems 2. Most of rules maintain the organization positively3. Survey Report

Weakness: This report has some weakness these are: 1. This report only observes in Bangladesh.2. All labor rules are not implement in report3. According to labor relation report this report is so small

Opportunity: Have a many opportunity in this report:1. Employees’ are Benefited when owner are look at the report2. Employees’ known that their right3. Employees’ are feel that trade union4. Employees’ are fight their occupation

Threat: This report has some hazard these are:1. When people known that their occupation then they are done strike to obtain their

benefits2. This report has some data for that which company are not follow the government rules

they must be going to a danger.