bangladesh labor code 2006

8/13/2019 Bangladesh Labor Code 2006

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Labour Code 2006

Introduction

Code means those rules & customs of state by which the relation of employer and labourer is regulated in order to secure peace in the Industrial arena. Inthe eye of labour law, the capital & the labour both are equally important. In modern time, the basic purpose of Code is to create exclusive relation betweencapital & labour. There were many labour laws in previous but now it has only labour laws in Bangladesh. hich name is Bangladesh Labour Code , !""#.The Bangladesh Labour Code $herein after referred as the Code% is one of the very recent laws with ma or overhauling changes in the filed of labourlegislation. The law governing labour relations is one of the centrally important branches of the law the legal basis on which the very large ma ority of the

people earn their living. The level of the wages'nominal or real which is the vital issue can only be marginally influenced by legal rules and institutions.(arginal influence of the law on the people)s welfare depends on the products of people)s labour which in turn in very large extent the result of technicaldevelopment. In the second place, it depends on the forces of the labour mar*et on which the law has only a marginal $tough not a negligible% influence andthirdly on the degree of effective organi+ation of the wor*ers in trade union to which the law can again ma*e only a modest contribution. -

Code concerns the inequality of bargaining power between employers and wor*ers. Code$or /labor0, or /employment0 law% is the body of laws,administrative rulings, and precedents which address the legal rights of, and restrictions on, wor*ing people and their organi+ations. 1s such, it mediatesmany aspects of the relationship between trade unions, employers and employees. In Canada, employment laws related to unioni+ed wor*places aredifferentiated from those relating to particular individuals. In most countries however, no such distinction is made. 2owever, there are two broad categoriesof labour law. 3irst, collective Code relates to the tripartite relationship between employee, employer and union. 4econd, individual Code concernsemployees) rights at wor* and through the contract for wor*. The labour movement has been instrumental in the enacting of laws protecting labour rights inthe -5th and !"th centuries. 6abour rights have been integral to the social and economic development since the industrial revolution. !

6aw is a technique for the regulation of social power. This is true of Codeas it is of other aspects of my legal system. 7ower 8the capacity effectively todirect the behaviour of others' is on evenly distributed in all societies. There can be no society without subordination of some of its members to others,without command and obedience, without rule ma*er and decisions ma*ers. The power to ma*e policy, to ma*e rules and ma*e decisions and to ensurethat those are obeyed is a social power. It is same supported and sometimes restrained and sometimes even created by the law but the law is not the

principal source of social power. 9

Purpose of Labour laws

Code is chiefly concerned with this elementary phenomenon of social power. 1nd 8 this is important 8 it is concerned with social power irrespective of theshare which the law itself has had in establishing it. 1s a social phenomenon the power to command and the sub ection to that power are the same nomatter whether the power is exercised by a person by public function or by a private person, an employer, a trade official. The subordination to power andthe nature of obedience do not differ as between purely /social0 or private and /legal0 or public relations. It is a profound error to establish a contract

between /society0 and the /state0 and in terms co'ordination, the other in terms of subordination. 1s regard labour relations, that error is fatal. In thesociety, there is unequal distribution of power but view of society about individual as equal. The law does and to some extent must conceal the realities ofsubordination behind the conceptual scream of contracts considered as concluded between equals.

6abour has a vital role in increasing productivity, and management has to help create condition in which wor*ers can ma*e their maximum contributiontowards this ob ective. In free India, the labour movement and the trade unions should be in a position to assume larger responsibilities one of the maintas*s in the five year plans is to evolve practical ways in which they can ma*e an increasing contribution to national development and national policy. Thegrowth of the public sector provides opportunities for wor*ing out new concepts of labour relations and the association of labour in management ofindustry : .

The principal purpose of labour law, is to regulate, to support and to restrain the power of management and power of organi+ed labour. These areabstraction. In their original meanings the words, /management0 and /labour0 denoted not persons, but activities to plan and to regulate production anddistribution, to co'ordinate capital and labour in the one hand, the activity to produce and to distribute on the other. But even if, by new common twist oflanguage, /management0 and labour0 are used to denote not activities but the people who exercise them, they remain abstractions. The word/management0 is always used to identify the individual or corporate body who in a give situation wields that power to define policy, to ma*e rules andabove all decisions, through whose exercise management manifests itself to those who are its subordinates. To manage means to command. The ambiguityof the terms /management0 and labour if applied to persons rather than to activities is important that it means the relation between managers and thosesub ect to managerial power.

To gauge the distribution of managerial power and to identify its location is not always an easy tas*. To trace the distribution of managerial power is adifficult tas* in any given society, no less difficult where the means of production are publicly owned than where they are privately owned. To find whohas power our the side of labour is equally difficult. ;

The individual employer represents an accumulation of material and human resources, socially spea*ing the enterprise is itself in Collective 7ower. If acollection of wor*ers negotiate with an employer, this is a negotiation between collective entities, both of which are, or may at least be, bearers of power.But the relation between an employer and an isolated employee or wor*er is typically a relation between a bearer of power and one who is not a bearer of

power.

The main ob ect of Codehas always been to counteract the inequality of bargaining power which is inherent and must be inherent in the employmentrelationship there can be no employment relationship without a power to command and a duty to obey. But the power to command and the duty to obey can

be regulated. The characteristic feature of the employment relation is the individual wor*er is subordinated to the power of management but that the powerof management is co'ordinate with that of organi+ed labour. The regulation of labour results from combination of those agreed between him or hisassociation and the union through collective bargaining. #


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In the formulation of the rules which regulate the relations between employers and wor*ers the common law has played a minor role. The courts have had ashare, but only a small share in their evolution. 3or this there are number of reasons9. It was (a or (oore who, for the first time suggested for provisions in thelegislature to regulate the wor*ing conditions in factories. 1fter submission of the said report vis'A'vis on the pressure of the (erchants and moll'owners of

the 3actories Bill for India was placed in the British 7arliament in -@>:. The cause behind the etageres of the merchants of 6ancashire for industriallaws in India was that they could ma*e less profits than other British mill'owners who established mills and factories in Bengal or Bombay in India. 4inceraw materials and labour were cheaper in the sub'continent the merchants of 6ancashire (ill'owners) 1ssociation with a view to put some restrictionsupon the wor*ing hours and service conditions in the Indian factories managed to place the bill and the Indian Factories Act , -@@- $1ct Do EF of-@@-%was passed. The Indian Factories Act , -@@- applied to manufacturing establishments using mechanical power and employing -"" or more persons.7lantation industries were exempted from operation if the 1ct. 1lthough provisions of the 1ct were far from satisfactory yet those, as the basement offactory legislation, played an important role in the field of labour and industrial legislation in the 4ub'continent. @

The 1ct for the first time limited wor*ing hours of women wor*ers to eleven hours a day. The age for employment of children in factories under age ofseven year was prohibited. 1 wee*ly holiday for children was introduced and a restriction was imposed upon wor*s of children at night.

1fter a lapse of -" years the Indian Factories Act , -@@- was repealed by the Indian Factories Act , -@5- $1ct EI of -@5-%. The British Governmentappointed a commission for India in -@5" who submitted report to the Government suggesting enactment of a new law. In the basis of the report of thecommission the 3actories 1ct, -@5- was passed, it applied to all factories employing ;" persons and using power, minimum age for employment ofchildren was fixed at 5 years. or*ing hours of children was limited to > hours a day with half an hour rest. or*ing hours for women was restricted at --hours with -'-H! hours rest. (ale wor*ers were also provided a wee*ly rest. 2alf an hour rest in a day for male wor*ers was also provided for in the 1ct.

The Factories Act 1891 was again repealed and replaced in -5-- by the Indian Factories Act, 1911 $1ct EII of -5--%. The 1ct put restrictions upon dailywor*s of male persons. 1n adult male wor*er)s maximum hours of wor* was fixed at -! hours and that of children at # yours a day in textile industries.4easonal factories were brought to the ambit of factory laws. The 1ct contained extensive provisions for health and safety and effective inspection of theadministration of the factories.

!stablishment of the International Labour "rgani#ation $IL"% in &'&' is an epoch ma*ing event in the history of 6abour legislation. British India as amember country of the I6 amended the 3actory 6aw in -5!!. By the amendments, all Industrial underta*ings using mechanical power and employing !"or more persons were brought under the 1ct. 2ours of wor* irrespective of gender were fixed at maximum 5 hour a day and #" hours a wee*. ne hour restwas granted to wor*ers, for wor*s exceeding # hours. (inimum age of children for wor* was fixed at -!. 7ayment at a rate of -'-H! times of normal wageswas provided for overtime wor*. Jmployment of women and children under -@ years of age were prohibited in dangerous process. The 3actories 1ct -5--underwent some amendments in -5!!,-5!# and -59- and finally the 1ct was repealed and replaced in -59:.

The =oyal Commission on 6abour) was appointed by his (a esty the ing Jmperor in -5!5 to enquire into and report on the existing conditions oflabour in industrial underta*ings and plantations in British India in the health, hygiene efficiency and standard of living of the wor*ers and on the relations

between the employer and the employed and to ma*e recommendations. The commission examined the above aspects and submitted report in -59-. Thecommission in its reports interalia, made several important suggestions for amending of the factories 1ct. employer and the employed and to ma*erecommendations. The commission examined the above aspects and submitted report in -59-.The commission in its reports interalia, made severalimportant suggestions for amending of the 3actories 1ct.

(ainly in the basis of the recommendations of the =oyal Commission on labour the Factories Act , -@5- was repealed and altogether a new andcomprehensive 1ct vi+, the Factories Act , -59: $EEF of -59:% was passed . The ma or ob ects of the 1ct was to reduce the hours of wor*,improvewor*ing conditions provide adequate inspection etc. The 3actories 1ct, -59: covered all manufacturing establishments and using power and employing !"or more persons. 4easonal and perennial factories were distinguished, ;: hours of wor* per wee* and -" hour wor*s a day in perennial factories for adultsand #" hours per wee* in seasonal factories were provided. 2ours of wor* of children was reduced. Dew category of wor*er named Kadolescent) wor*erswas introduced Certificate of fitness for employment of child wor*er was made compulsory. ?ouble employment of children was prohibited. =estrictionwas imposed upon right wor* of women and children. 7ayment of overtime allowanceL-'-H! times of ordinary rate of wages retained. 7rovisions forhealth and safety have been amplified. Contravention of any of the provisions were made punishable, (inor changes in the Factories Act -59: was made

by amending the 1ct in -59>, -5:",-5:-,-5::,-5:; and in -5:#.

?uring the 7a*istan regime the 3actories 1ct, -59: continued up to-5#;. The then Jast 7a*istan 1ssembly repeated the said 1ct and in its place re'enactthe same and passed the East Pakistan Factories Act ,-5#; $1ct IF of -5#;% The 1ct was passed in the 1ssembly on the ; th 1ugust, -5#; and was

published in the Ga+ette dated - st 4eptember,-5#;. 5


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1fter liberation of Bangladesh on the !# th (arch,-5>- the 1ct remained in force. Do ma or change in the 1ct has yet been made. The laws which thisCode has replaced were made mostly during the British Colonial regime and 7a*istan period and they were as many as ;" in number. In many cases theselaws were outdated, scattered, inconsistent and often overlapping each other. In -55! a CodeCommission was formed by the Government of the day whichexamined :: labour laws and recommended to repeal !> laws and it prepared a draft Labour Code in -55:. This draft of Labour Code ,-55: underwentseries of changes in its vetting stages and finally the Bangladesh Labour Code !""# was passed by the 7arliament on ctober --,!""#.The Bangladesh

Labour Code !""# is one of the very recent laws with ma or overhauling changes in the field of labour legislation. -"

Introducing Bangladesh Labour Code 2006

Repeal of the Previous Laws

The British colonial regime and 7a*istan period there were many labour laws. In many case these laws were some words li*e Kwor*er) were outdated,scattered, inconsistent and other Kemployee) Kowner ) Kemployer) etc had different overlapping each other meanings under different laws. 1s a resultsometime many problem. 4o in -55! a Codecommission was formed by the government of the day which examined :: labour laws and recommended torepeal !> laws and it prepared a draft Labour Code in -55:. This draft of Labour Code ,-55: under went series of changes in its vetting stages and finallythe Bangladesh Labour Code !""# was passed by the 7arliament on ctober --,!""#. The Bangladesh Labour Code !""# is one of very recent laws withma or overhauling changes in the field of labour legislation. 4ection 9;9 of the code has repealed !; previous labour related laws. The following laws arehere by repealed.

-. The ork!en"s Co!#ensation Act , -5!9 $FIII of -5!9%.

!. The Children $#leading o% labour& Act, -599 $II of -599%.

9. The ork!en"s Protection Act, -59: $IF of -59;%.

:. The 'ock Labourers Act, -59:$EIE of -59:%.

;. The Pa(!ent o% ages Act , -59#$IF of -59#%.

#. The E!#lo(er"s Liabilit( Act , -59@$EEFI of -59@%.

>. The E!#lo(!ent o% Children Act, -59@$EEFI of -59@%.

@.The )aternit( Bene%it Act, -595$IF of -595%.

5. The )ires )aternit( Bene%it Act, -5:-$EIE of -5:-%.

-". The )otor *ehicles $'ri+ers& rdinance , -5:!$F of -5:!%.

--. The )aternit( Bene%it $Tea Estate& Act , -5;" $xx of -5;" %.

-!. The E!#lo(!ent $-ecords o% ser+ice & Act , -5;- $EIE of-5;!%.

-9. The Bangladesh #lantation E!#lo(ees #ro+ident Fund ordinance , -5;5$EEEI of -5;5%.

-:. The Coal )ines $Fi ation o% -ates o% /ages& rdinance ,-5#" $EEEIE of -5#-%.

-;. The -oad Trans#ort orkers rdinance , -5#- $EEFII of -5#-%.

-#. The )ini!u! ages rdinance , -5#-$EEEIF of -5#!%.

->. The Plantation Labour rdinance , -5#!$EEIE of -5#!%.

[email protected] A##renticeshi# rdinance , -5#!$IFI of -5#!%.

-5. The Factories Act , -5#;$IF of -5#;%.

!". The 0ho#s and Establish!ent Act, -5#;$FII of -5#;%.

!-. The E!#lo(!ent o% Labour $standing orders& Act , -5#; $FII of -5#;%.

!!. The Co!#anies Pro%its $ /orkers #artici#ation& Act , -5#@ $EII of -5#@%.


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!9. The Industrial -elations rdinance , -5#5$EEII -5#5%.

!:. The e/s#a#er E!#lo(ees $condition o% ser+ice& Act , -5>:$EEE of -5>:%.

!;. The 'ock orkers $-egulation o% E!#lo(!ent& Act , -5@" $EFII of -5@"%. --


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Introducing Bangladesh Labour Code 2006

There are still !; valid laws dealing with labour and industrial issues have not been repealed or consolidated and as such the Bangladesh Labour Code ,!""# although a consolidated 1ct has nor consolidated all the laws in the filed. 3urthermore, although the name of the law is Bangladesh Labour Code , infact, it is not a code rather a consolidating legislation only.

-. 7rior to the promulgation of the Bangladesh Labor Code 2006( the total number of 1cts and rdinances in this field was fift) , of which other members representing every concerned quarter.

:. 1fter two years of exhaustive study, the Commission submitted its report along with a draft of the unified modern and updated labor law in -55:.

;. 4ubsequently, the draft was reviewed by I6 and numerous Jmployers and or*ers

1ssociations and other human rights organi+ations in phases for the last twelve years, and at last it was promulgated on the --th of ctober !""# as/Bangladesh 6abor 6aw !""#0 under the consensus of all the parties concerned.

#. The salient features of the newly promulgated law are as follows and at that time the wor*er shall be entitled to get all the benefits as are applicable under this law. Jventhe case of a wor*ers) voluntary retirement, after his continuous service of !; years ! with his employer, is also a sub ect which will come under thisretirement benefit.

M Child labor is prohibited even in non'ha+ardous regular wor* in an establishment. 1ppointment of adolescent and female wor*ers is prohibited during thenights and in dangerous occupations.

M (aternity benefits have been increased to -# wee*s and the qualifying service length has been decreased to six months, but this benefit is limited only upto the birth of two living infants.

M 4pecial importance is given on occupational health and safety and wor*ing environment. There are >@ sections exclusively on it out of a total of 9;:sections in the law.

M (aintenance and preservation of safety record boo*s and introduction of group insurances have been provided for.

M Time limits for payment of wages have been determined and a provision has been made to reali+e the unpaid wages through the court.

M 7rovisions have been made for the declaration of sector wise minimum wage rates after an interval of every five years.


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M 1mount of compensations in cases of death or in ury because of accidents at the wor*place has been increased. 3or deaths, the amount of compensationhas been ascertained at Ta*a. -"""""."" per wor*er and for a permanent total disability, the amount fixed is Ta*a -!;"""."" per wor*er. In case of anaccident that may happen due to employer)s negligence, the compensation amount shall be double.

M Do one, other than those in the pay'roll of the employer, shall be the member or officer of an establishment based basic trade union.

M The purview of unfair labor practices on the part of the wor*ers, employers or the trade unions has been extended.

M ?etermination of CB1 from amongst the establishment based basic trade unions has been made easier and the period of such determination has beenfixed within a time frame of -!" days.

M Industrial or craft 3ederations of trade unions, under certain conditions, have been given the urisdiction to act as CB1

M 7rovisions have been made to form compulsorily participation committees in every establishment where ;" or more permanent wor*ers are engaged.

M 6abor courts shall be the only courts to ad udicate all issues under labor law and all appeals shall lie to the labor appellate tribunal

M Time has been fixed for the ad udication of each and every stage of the cases in the labor court to accelerate the procedure

M nly the wor*ers employed in an establishment, irrespective of their designation and wage scale are entitled to get the benefits of the participation fundand the welfare fund developed out of the profit of the company.

M 7rovisions for provident funds have been made for the establishments run under the private management.

M The punishments for the breach of the provisions of the labor law have been revised appropriately. Imprisonment has also been provided for along withfines.

M 1 provision has been made to form a /Dational Industrial health and safety council0 to enact the national policy to ensure the occupational health andsafety at the enterprise level.

M 7rovision has been made for the strict implementation of the /Jqual pay for equal amount of wor*0 policy of I6 convention

M 1ny discrimination or indecent behavior towards female wor*ers has been prohibited under the new law.

1rrangements for training on law was never provided for but now in this new law, training arrangement is made compulsory for the laborers. The wor*er participating in the training program shall be deemed to be in his or her official duty during continuance of such training. This unified law is applicablewith equal force to all the industrial and commercial establishment as previous 0ho#s and Establish!ent Act21934 and other labour laws has beenabrogated by the promulgation of this new Labour Code . -!

+pplication of Bangladesh Labour Code ( 2006

1ccording to the Bangladesh Labour Code , !""# see'-$9% defines save as other wise specified close where in this code, it shall apply to the whole ofBangladesh. 1nd 1ccording to see'-$:% defines, 2ot with standing anything contained in sub'section $9%, this code shall not apply to'

-. offices of or under the government!. 4ociety printing press.

9. rdinance factories.

:. Jstablishments for the interment or care of the sic*, inform aged, distillate , mortally deranged, orphan abandoned worn an or child or widowwhich are not run for profit or gains.

;. 4hops or stalls in any public exhibition or show in so far as such shops or stalls deal in retail trade which is solely subsidiary or ancillary to themain purpose of such exhibition or show.

#. 4hops or stalls in any public fair or ba+aar held for religious or charitable purposeP

>. Jducational, training or research institutionsP

@. 2ostels and messes not maintained for profit or gainP

5. In respect of Chapter'II, any shop or commercial or industrial establishment owned and directly managed by the Government where thewor*ers are governed by the Government Conduct =ules.

-". or*ers whose recruitments and conditions of service are governed by laws or roles made under 1rticles #!, >5, --9 or -99 of theConstitution, except, for the purposes of Chapters Twelve, Thirteen and 3ourteen, wor*ers employed by the 8


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-. =ailway ?epartmentP

!. Telephone, Telegraph and 7ostal ?epartmentsP

9. 7ublic or*s ?epartmentP

:. 7ublic 2ealth Jngineering ?epartmentP

;. Bangladesh Government 7ress.

--. wor*ers employed in any establishment referred to in clauses $b%, $c%, $d%, $e%, $f%, $g% and $h%, except, for the purposes of Chapters Twelve,Thirteen 1nd 3ourteen, wor*ers other than teachers, employed by any universityP

-!. cean going vessels, except for the purposes Chapter 4ixteen.

-9. 1gricultural farms where less than ten wor*ers are normally employedP

-:. ?omestic servantsP and

-;. Jstablishments run by owners with the aid of family members and without employing wor*ers for wages. -9

The Changes brought b) Bangladesh Labour Code 2006

1ll relevant laws are now included in one document. n the whole, this new legislation constitutes a progress with regards to the previous legal framewor*.Improvements include the extension of maternity leave from -! to -# wee*s, and the facilitation to create trade unions in specific sectors. 1lso, all

prosecutions for offences in the Labour Code !""# must now ta*e place in the 6abour Court 8 rather than in the (agistrates Courts as before 8 and thecourt should follow the Criminal 7rocedure Code $section 9-9$-%%. Complaints can be lodged either by an inspector 4ection 9-5$;% allows an inspector to/lodge a complaint to the 6abour Court with regard to commission of any offence0 or an /aggrieved person or trade union0 8 but they must be done sowithin six months of the commission of the offence $section 9-9$!%-!. 2owever, several actors pointed to the fact that the new Codeis still wea* on manyissues. n or*ing hours for example, the legislation is wea*< it fixes the wor*ing hours of a wor*er to a maximum of -" hours a day, but specifies that/exception may be allowed in general or in particular for any establishment with the conditional permission0.

Remuneration and other Benefits

Gratuity

-. 7revious law excluded the gratuity on discharge from the wages of a wor*er but the new law includes it as part of the wages.

!. The word /gratuity0 was never defined anywhere in the earlier Code but the new law defines it properly in section ! $-"% where it is defined as theamount of the wages of at least 9" days payable to a wor*er who wor*ed in a factory not less than # months at the expiry of herHhis employment.

9. 7revious law provided only the exclusion list with the definition of the wages but the present law provides both the inclusion and exclusion lists to ma*ea complete sense.

:. 7rovident fund is considered to be the wages and is payable within 9" days of the expiry of the employment.

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

The person responsible for the payment of wages of the wor*er shall fix a period of wages and accordingly pay it as per the time given in the law. 4ection-!! guides the paymaster to fix a period not exceeding 9" days and section -!9 provides that payment shall be made within seven wor*ing days of theexpiry of a wage period.

There is a big change. In previous law, where there is less than -""" wor*ers employed, the employer had to pay before the expiry of the >th day from theend of the wage period and in the railway or any other factory or industry , the employer had to pay before the expiry of the -" th day from the end of thewage period.

$eductions ro# the !ages

4ection -!; of the Labour Code !""# deals with the deductions made from the wages of the wor*ers. 3ollowing are the deductions valid under the presentlaw of the earlier 7ayment of ages 1ct -59#, but the new law added more deductionsli*e deductions for the subscription of CB1 nion in chec*'off methodP deduction for any welfare fund formed by the employer and authori+ed by theGovernment.

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

1pplication by the wor*er herHhimself or herHhis successor in case of herHhis deathP 1pplication to the labour court onlyP 1pplication within -! monthsfrom the date of such illegal deduction or the date of the payment being due, but the court can ta*e it even after the expiry of the said periodP p to !;Q ascompensation on the wages due at that time may be orderedP Do court fee is payable by the aggrieved wor*erP rather, if the wor*er wins the case it is theowner who shall reimburse the payable court feesP 4ingle application on behalf of all the wor*ers so aggrieved.

1t present, the Chairman of the 6abour Courts is only eligible to hear the casesP previously, the limitation period was only six months, now it is twelvemonths.

&ro%ident Funds or !or'ers

4ection !#: of the 6abor 6aw !""#, provided for an establishment of a 7rovident 3und if so demanded by the three fourths of the total wor*ers employedin a factory. The section also provided for the following. The above nomination shall be under the supervision of the ?irector of 6abour.

@. 1ll the representatives shall hold office for a period of two years.

5. 1 permanent wor*er shall subscribe to the fund not less than seven percent and not more than eight percent from his basic wage unless otherwisemutually agreed.

-". In the case of provident fund one fourth of total wor*ers will claim in writing to their employer.

--. In order to provide provident fund the employer will establish rules within six months and the fund shall start by this period.

-!. 1t least half of the total accumulations shall be invested for the purpose of any of the following, namely. 1 provident fund shall be deemed to be a public institution for the purposes of the

Pro+ident Funds Act , -5!; $EEIE of -5!;%.

[email protected] in private sector means an establishment which is not managed directly by the Government.

$eath bene it

If any wor*er died after completing 9 $three% years continuous service with an employer, the wor*er shall be entitled to get benefits for 9"'days) wages foreach completed year or service, or six'months thereof, or gratuity, whichever is higher. The wor*er shall get this benefit in addition to herHhis otheremoluments during the retirement.

This is also a new addition to the Code as previously no Code has provided for the death benefit except for the age Board award for the Dewspaperwor*er.

,or*ing -ours and Leaves

4ection -"" ma*es a provision of @ wor*ing hours a day for an adult wor*er, but an adult wor*er may wor* -" hours a day provided all the conditions ofsection -"@ have been fulfilled. 1ccording to that section, the employer is required to pay the wor*er, overtime, double the rate of herHhis usual wages. i.e.

basic & dearness allowance, if any. The employer is also required to maintain an overtime register as per the law. ?aily hours has been reduced to @ hours'a'day from previous 5 hours'a'day in different 1cts that have been repealed.

(ee'ly hours

The new law ma*es a provision of total :@ $forty eight% wor*ing hours for a wor*er, but it can be extended up to sixty hours, sub ect to the payment ofovertime allowances as per section -"@ of the law. 2owever, an average of ;# wor*ing hours per wee* in a year for a labour must not be exceeded underany circumstances. But the new law ma*es a provision for exemption approved by the government if it thin*s so fit. -:

Jxemption clause has been inserted in the new law, by which the government is empowered to exempt any of the factories for the purpose of this rule for amaximum period of six months at a time.

Festi%al holiday .&/

-% Jvery wor*er shall be entitled to eleven days festival'leave for every calendar year. The employer shall, at the beginning of the year, fix the day and dateof such leaves.

!% The employer may require any wor*er to wor* on a festival holiday provided that two days additional compensatory holidays with full pay and onealternative holiday should be given to herHhim under section -"9.

3estival holiday has been increased by a day in the new Code!""#.

)ic' lea%e .&6

1ll wor*ers employed in a factory shall be entitled to get -: $fourteen% days sic* leave with full average wages. 7rovided, such a leave shall not be grantedunless a =egistered 7hysician employed by the employer or any other =egistered 7hysician has certified herHhis illness.

Jarlier laws provided for the same period of leave with half average wages, whereas, the new law ma*es provisions for the sic* leave to be one with fullaverage wages. The requirement for certification by a =egistered 7hysician does not exist in the earlier laws. 2owever, it has been added to the new law.

1aternit) Benefits


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*aternity lea%e

In section :# of the new Labour Code !""# provisions have been created for maternity leave of -# wee*s $@ wee*s before and @ wee*s after the delivery%.But the law also ma*es a provision that no wor*er shall be entitled to receive the benefit unless she has served under the owner for a minimum period of sixmonths prior to the notice of the probability of the delivery.

7rior to this, 4ection 9 of the (aternity Benefits 1ct, -595 provides maternity leave of -! wee*s $# wee*s before and # wee*s after the delivery%.

The new law increases the maternity leaves to sixteen wee*s from twelve wee*s and decreases the duration of the qualifying service period 8 for availingthe benefit 8 to six months from 5 months. 1lso, no maternity benefit shall be payable to any woman if at the time of her confinement she has two or more

surviving children.

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

Three options are open to the mothers as per section :> of the new Labour Code and !@ have provided aguideline to the legislator to ma*e the discrimination free environment in every wal* of national life. 4ection 9:; of the Code is, however, noteworthy inthis connection. The section is stated as follows< /In determination of the wages for a wor*er or in fixation of the minimum wages equality irrespective ofthe sex of the wor*er, shall be maintained. Do discrimination in this regard shall be tolerated by law0. 1rticle !> of the Constitution is stated as follows to -:days of serving such notice or the party raising the dispute may file a case to the labour court, on the matter

!. Do such notice of stri*e shall be issued by the CB1 unless a secret ballot is held in this behalf under the supervision of the Conciliator and three fourthof the members of the CB1 opted for the stri*e

9. hen the stri*e or 6oc*'out has already commenced, then any party can go to the

labour court for the settlement of dispute

:. The Government can stop any stri*e or loc*'out if it continues up to a period of 9" days, provided the government can stop it before the expiry of theabove period, if it believes that it is expedient for public interest.

In earlier laws there were provisions of oint application to the labour court by both parties at any stage of the commencement or before the commencementof the stri*e or loc*'out, but in present law this provision has been removed.

&rocedure o the Labour Court

M The 6abour court shall follow the summary procedure of the code of Criminal procedure as described in chapter EEEF of the aforesaid 1ct and for this purpose the court shall be deemed to be a criminal court.

M The 6abour court in trial of an offence shall be treated as a court of a (agistrate first class but in case of imposing penalty it shall have the urisdiction ofa Court of 4ession. 4 !-;

Changes in the 7resent 6aw are>3 $?ha*a< CCB 3oundation, !"">%, pp.!!'9.

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bangladesh labor code 2006

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