A Short Glimpse On Bangladesh Labour Law
Prior to the promulgation of the Bangladesh Labor Law 2006, the total number of Acts and Ordinances in this field was fifty, of which: • 15 were enacted during the British regime • 23 were enacted during the Pakistan regime, and • 12 were passed after the independence of Bangladesh In accordance with the ratified ILO conventions and with a view to creating a constructive environment, for the limitation of the imbalances that prevailed in the issues regarding development of congenial relations between workers and employers, information about existing labor and industrial laws were sought from concerned stakeholders, of both home and abroad. Increase of productivity, the enhancement of favorable environment for investment, the acceleration of industrialization in the context of the changed environment during the post independence period, were also studied. To meet the aforesaid demand, the government formed a National Labor Law Commission in 1992, with a view to enacting a modern, up dated and united labor law, headed by Justice Mohammad Abdul Quddus Chowdhury, along with 37 other members representing every concerned quarter. After two years of exhaustive study, the Commission submitted its report along with a draft of the unified modern and updated labor law in 1994. Subsequently, the draft was reviewed by ILO and numerous Employers and Workers Associations and other human rights organizations in phases for the last twelve years, and at last it was promulgated on the 11th of October 2006 as “Bangladesh Labor Law 2006” under the consensus of all the parties concerned. The salient features of the newly promulgated law are as follows: • There are 354 sections in 21 different chapters in the Law • The scope and applicability of the law has been extended and definitions of different terms have been clarified. Ambiguity regarding the age limit of a child has been eliminated. According to this law any person below the age of 14 shall be treated as a child. • The issuance of an appointment letter and the Identity card for a worker has been made compulsory. • Death benefits have been provided for even cases of normal deaths or in cases of any deaths due to causes other than accidents during the continuance of the service. • The usual retirement age has been scheduled at 57 and at that time the worker shall be entitled to get all the benefits as are applicable under this law. Even the case of a workers’ voluntary retirement, after his continuous service of 25 years with his employer, is also a subject which will come under this retirement benefit. • Child labor is prohibited even in non‐hazardous regular work in an establishment. Appointment of adolescent and female workers is prohibited during the nights and in dangerous occupations. • Maternity benefits have been increased to 16 weeks and the qualifying service length has been decreased to six months, but this benefit is limited only up to the birth of two living infants. • Special importance is given on occupational health and safety and working environment. There are 78 sections exclusively on it out of a total of 354 sections in the law. • Maintenance and preservation of safety record books and introduction of group insurances have been provided for. • Time limits for payment of wages have been determined and a provision has been made to realize the unpaid wages through the court. • Provisions have been made for the declaration of sector wise minimum wage rates after an interval of every five years. • Amount of compensations in cases of death or injury because of accidents at the workplace has been increased. For deaths, the amount of compensation has been ascertained at Taka. 100000.00 per worker and for a permanent total disability, the amount fixed is Taka 125000.00 per worker. In case of an accident that may happen due to employer’s negligence, the compensation amount shall be double. • No one, other than those in the pay‐roll of the employer, shall be the member or officer of an establishment based basic trade union. • The purview of unfair labor practices on the part of the workers, employers or the trade unions has been extended. • Determination of CBA from amongst the establishment based basic trade unions has been made easier and the period of such determination has been fixed within a time frame of 120 days. • Industrial or craft Federations of trade unions, under certain conditions, have been given the jurisdiction to act as CBA • Provisions have been made to form compulsorily articipation committees in every establishment where 50 or more permanent workers are engaged. • Labor courts shall be the only courts to adjudicate all issues under labor law and all appeals shall lie to the labor appellate tribunal • Time has been fixed for the adjudication of each and every stage of the cases in the labor court to accelerate the procedure • Only the workers employed in an establishment, irrespective of their designation and wage scale are entitled to get the benefits of the participation fund and the welfare fund developed out of the profit of the company. • Provisions for provident funds have been made for the establishments run under the private management • The punishments for the breach of the provisions of the labor law have been revised appropriately. Imprisonment has also been provided for along with fines • A provision has been made to form a “National Industrial health and safety council” to enact the national policy to ensure the occupational health and safety at the enterprise level. • Provision has been made for the strict implementation of the “Equal pay for equal amount of work” policy of ILO convention • Any discrimination or indecent behavior towards female workers has been prohibited under the new law. • Sick Leave: 14 days sick leave with full average wages have been provided, in the new Labor Law. In previous laws sick leaves were paid for half average wages. • Annual leave with wages: For adults one day for every 18 (eighteen) days of work performed by him/her during the previous period of twelve months. And for adolescents one day for every 15 days of work performed by him/her during the previous period of 12 months. • Festival Leave: Every worker shall be entitled to eleven days festival leaves in a calendar year. The Employer shall fix the days and dates of such leaves. • Children Room: A children room for every 40 female workers having their children below the age of 6 years have been provided by the law. Previously it was provided for every 50 female workers. • Termination of employment by the worker: A permanent worker may terminate the employment serving a 30 days notice to the employer and a temporary worker may terminate it serving a notice of 30 and 14 days case wise. In lieu of the notice, the worker can even terminate the employment returning the wages for that period. • Grievance Procedure: Limitation for the application of grievance has been extended to a period of 30 days, though previously it was 15 days only. • Fitness certificate: Previously a fitness certificate was issued by the District civil surgeon but now it is to be issued by any registered physician at the cost of the employers. • Training on the labor law: Arrangements for training on law was never provided for but now in this new law, training arrangement is made compulsory for the laborers. The worker 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 applicable with equal force to all the industrial and commercial establishment as previous Shops and Establishment Act‐1965 and other labour laws has been abrogated by the promulgation of this new labour code.
