CAP-R with Law Ref.

Documentation:

1. Boiler license is not updated, it violets Section 6 (c) of the Boiler Act 1923.

2. No appointment letter & ID Card provided to the workers, this violets Section 5 of Bangladesh Labour Law 2006. Service record book is not maintained for the workers of the factory, it violates Section 6 of Bangladesh Labour Law 2006.

3. Factory does not provide wages slip to the workers; it violates Rule 17 of the Minimum Wage Rules 1961.

4. Factory does not provide maternity benefit to the female workers of the factory; it violates Section 46-48 of Bangladesh Labour Law 2006.

5. No work rules exist in the factory; it violates section 111 of Bangladesh Labour Law 2006.

6. No training provided to the workers of the factory on health & safety and no documentation available on these training, e.g. fire protection and first aid. No trained & certified first aider available in the factory, it violates section 89 (3) of Bangladesh Labour Law 2006 and rule 52 (9) of Factories Rules 1979.

7. No accident registers available, this violates rule 56 (7) of Factories Rules 1979.

Working Hours:

1. Regular working hour in the factory is 12 hours instead of 8 hours; it violates Section 100 of Bangladesh Labour Law 2006.

2. Factory’s garments section remains open up to 11pm/ 12 midnight and separate overtime record is maintained for that which was not showed to the auditors. Moreover the overtime hours exceeds legal requirement, it violates Section 102 of Bangladesh Labour Law 2006.

3. Factory does not provide substitute holiday for weekend work and no compensatory holiday provided for work on festival holiday, this violates Section 104 and 118 (3) of Bangladesh Labour Law 2006.

Compensation:

1. Minimum wage is not paid to the workers of the factory. Minimum wage for helpers found TK.1500.00 instead of TK.1662.50. No grade is maintained for the workers of the factory, these violate Bangladesh Government Gazette Notification published on 22nd October, 2006.

2. Overtime hours are not paid at the individual hourly rate and not at premium rate. In addition factory does not provide overtime allowance for extra work done in order to fulfill production target, it violates Section 108 of Bangladesh Labour Law 2006.

3. All employees do not receive paid leave according to statutory regulations. Factory does not provide any paid leave to the piece rated workers; it violates Section 115, 116, 117 & 118 of Bangladesh Labour Law 2006.

4. No maternity leave and benefit provided to the female workers of the factory, it violates Section 46-48 of Bangladesh Labour Law 2006.

5. Childcare facility is not available in the factory; this violates Section 94 of Bangladesh Labour Law 2006.

6. No wash facility provided in child care room; this violates rule 65 of Factories Rules 1979.

7. Factory deducts full day’s salary for half day’s absence after lunch. One day is made absent for 3 days’ late attendance, these violates Section 125 of Bangladesh Labour Law 2006.

8. Factory pays wage on 10th – 20th and pays overtime after 20th day of the next month, it violates Section 123 of Bangladesh Labour Law 2006.

9. Factory does not maintain workers’ grade and no salary breakdown is maintained in salary sheet which violates Bangladesh Govt. Gazette Notification dated 22nd October, 2007.

Child labor/Young Employees

1. No age verification system available at the time of recruitment of the new worker, age supporting documents are not available to prevent child labour. Some young looking workers (about 80) found in the working floors. Factory does not follow legally required working conditions (fitness certificate, token, less working hour etc.) for the young workers. This violates sections 34, 39, 40, 41 and 43 of Bangladesh Labour Law 2006.

Forced labor/ Disciplinary Measures/ Prisoner labor

1. Supervisors abuse workers verbally for operational mistakes and not being able to fulfill the production target, it violates the BSCI requirement.

Freedom of Association and Collective Bargaining:

1. Workers Participation Committee has not been formed to ventilate workers’ grievances. No grievance handling procedure available in the factory. These violate sections 205 to 208 of Bangladesh Labour Law, 2006.

Health and Social Facilities:

1. Factory has no ‘’Sick Room’’, this violates Section 89 of Bangladesh Labour Law 2006.

2. No drinking water facility provided to the workers; this violates rule 25 of the Factories Rules 1979.

3. No dining area has been provided. This violates Section 93 of Bangladesh Labour Law 2006.

4. Seating capacity is not adequate in the dining room. This violates Rule 58 of Factories Rules 1979.

5. No wash facility provided to the workers of the factory. This violates Section 91 of Bangladesh labour Law, 2006.

6. No Doctor, no nurse is appointed in the factory. No trained first aiders available. These violate Section 89 of Bangladesh Labour Law 2006.

7. No sick room, no first aid boxes with materials available in the factory, this violates Section 89 of Bangladesh Labour Law 2006.

8. No training arranged for first aiders and fire fighters, it violates section 89 (3) of Bangladesh Labour Law 2006 and rule 52 (9) of Factories Rules 1979.

Occupational Health and Safety:

1. No mask in knitting section, no mask, scarf found in the sewing section, no PPE found at spot removing section, no metal gloves found at cutting section of the factory, no earplug found in embroidery section and in generator room, this violates Section 53 of Bangladesh Labour Law 2006.

2. Exit points are blocked by 2 inch iron bar this violates section 51 of Factories Rules 1979. Aisles are blocked by goods, cartons, tables and chairs this violates section 72 of Bangladesh Labour Law 2006.

3. Electrical loose wire found in the factory, this violates rule 41 of the Factories Rules 1979.

4. Fire early warning system is not installed in the factory. Fire extinguishers are found blocked by other goods and not inspected regularly; this violates Section 62 of Bangladesh Labour Law 2006.

5. Adequate fire fighting equipments are not provided to all sections of the factory and those provided are not updated, it violates rule 52 of the Factories Rules 1979.

6. No regular fire drill done for fire fighters and no evacuation drill carried out for employees and no record maintained in this regard, this violates Section 62 of Bangladesh Labour Law 2006.

7. Escapes routes found blocked by goods, table, machine and benches, this violates Section 72 of Bangladesh Labour Law 2006.

8. Aisles are not marked in all sections of the factory, this violates Section 72 of Bangladesh Labour Law 2006.

9. Exits are obstructed by goods, cartons and tables; this violates Section 72 of Bangladesh Labour Law 2006.

10. Most of the sewing, over-lock machines found without pulley and eye guard and most of the sewing machines found without needle guard, this violates Section 63 of Bangladesh Labour Law 2006.

11. Boiler room is not well protected and not lockable and no restriction notice found in the boiler and generator area, this violates Section 63 of Bangladesh Labour Law 2006.

12. Goods are stored in very high height which is dangerous; this violates Rule 43 of Factories Rules 1979.

Environment:

1. No effluent treatment Plant available in the factory. This violates Section 12 of the Bangladesh Environmental Conservation Act, 1995.

2. No environmental clearance certificate available with the factory. This violates Section 12 of the Bangladesh Environmental Conservation Act, 1995.

3. The factory building is 9 storied but no lift/ elevator is installed; this violates Rule 25 of Building Construction Rules 1996.