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Chapter – IV of Bangladesh Labor Act – 2006, Maternity Benefit, Section – 45 – 50. Established means the worker passed more than six months and s/he has been entitled as permanent
Section – 51- 60, Bangladesh Labor Act - 2006
This slide is not a part of Bangladesh Labour Law. It is additional information.
Section 19, Death benefit
Meaning of trade union enclosed from The Trade Union Act – 1919. Laws on OSH enclosed from National OSH/OHS policy.
This section copied form web site documents. Oikko (“unity”) will assess present scenario soon.
PPT on Bangladesh Labor Setor & Oikko
BANGLADESH LABOUR SECTOR
Bangladesh Labor Law - 2006, it’s
Limitations and Oikko (“unity”) Project
interventions, Bangladesh Labor Rule 2015
Issues to be discussed
Outline: Bangladesh Labor Law
Introduction to Labor
Purpose of Labor Law
Objects of Labor
Bangladesh Labor Law
Present Labor Law
Employment of young
Health, Safety and
Workers perception in
Working hour and leave
Wage and payment
Trade Union and
Outline: Limitations of BLL
Appointment letter, Oral contract, Dismissal of workers
Working hour, Wage awareness, Workers’ participation in
Weekly rest day and leaves , Rest periods
Child labour, Discrimination in job placement, increment and
Occupational risks, risk information, risk prevention.
Safety facilities, Unfriendly work place environment, Occupational
Harassments at the workplace, Welfare facilities, Violations of
maternity and social welfare programs
Garment and construction, Barriers to TU formation, Collective
Right to strike, freedom to express grievances, role of TUs and
Inspection: “fire brigade” approach, Access to judiciary: low
Enacted in 11 October, 2006 and amended
Bangladesh Labour Law -
Law is a technique for the regulation of social
Labor law concerns the inequalities of
bargaining power between employers and
Labor law (or “labor”, or “employment” law) is
the body of law, administrative rulings, and
precedents which address the legal rights of,
and restrictions on, working people and their
Labor Law means those rules & customs of
state by which the relation of employer
Purpose of Labor Law
Labor law, is to regulate, to support and to
restrain the power of management and power
of organized labor.
Labor law is chiefly concerned with this
elementary phenomenon of social power
Labor law has always been to counteract the
inequality of bargaining power which is
inherent and must be inherent in the
Object of Labour Legislation
To improve the senile conditions of industrial
labor so as to provide for them the ordinal
amenities of life, and by that process.
To bring about industrial peace which could in
its turn accelerate production activity of the
country resulting in its prosperity.
Counteract the inequality of bargaining power
which is inherent and must be inherent in the
Background of Bangladesh Labor Law -
During the Pakistan regime the Factories Act, 1934 continued up to
1965. The then East Pakistan Assembly repeated the said Act and
in its place re-enact the same and passed the East Pakistan
Factories Act,1965 (Act IV of 1965).The Act was passed in the
Assembly on the 5th August, 1965 and was published in the Gazette
dated 1st September,1965.After liberation of Bangladesh on the 26th
March,1971 the Act remained in force.
The laws which this Code has replaced were made mostly during
the British Colonial regime and Pakistan period and they were as
many as 50 in number. In many cases these laws were outdated,
scattered, inconsistent and often overlapping each other.
In 1992 a Labor Law Commission was formed by the Government
of the day which examined 44 labor laws and recommended to
repeal 27 laws and it prepared a draft Labor Code in 1994. This
draft of Labor Code,1994 underwent series of changes in its vetting
stages and finally the Bangladesh Labor Code 2006 was passed by
the Parliament on October 11,2006.The Bangladesh Labor Code
2006 is one of the very recent laws with major overhauling changes
in the field of labor legislation.
Conditions of Employments
Every employment record of workers and other
incidental matters shall be regulated under
section 3 of Labor Law 2006
Service rules and approval of employment by
employer shall do within six months of the
receipt of application to chief inspector
After approval of chief inspector service rule
will put into effect
Aggrieved person can appeal within 30 days
of order passed by chief inspector
Employment of young
Under section 34 of Bangladesh Labor Act –
2006 restricted adolescent to employed or
permitted to work in any occupation or
establishment unless- person provide fitness
certificate granted by a registered medical
practitioner and he will be working with
reference in the custody of employer
The adolescent should have vocational
training and he must be employed in the
period of emergency with the interest of
wellbeing of the employer granted by
A established pregnant woman worker receives eight week
After confirmation of her pregnancy, she must inform to the
authority for her leave orally or written that she expects to be
confined within eight weeks
She must nominate someone to take her benefits, in case of
Any woman who has not given such notice and has been
delivered of a child, shall within seven days, give similar
notice to her employer that she has given birth to a child
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.
Health and Hygiene
All the floors, windows, and other work rooms of
the factory must be kept in clean and free from
effluvia arising from any drain, privy or other
nuisance in every week
All the walls, inside partitions, all ceilings, tops of
rooms, and walls, side and tops or passages must
be painted or varnished, be repainted or re
varnished at least once in every three years, and
where they are painted or varnished and have
smooth imperious surface, be cleaned at least
once in every fourteenth months, or kept white-
washed or color-washed and the white-washing or
color washing shall be carried out at least once in
every fourteen months
Health and Hygiene
Ventilation and temperature will secure to workers for reasonable
conditions of comfort and prevent injury to health
Effective arrangements (dust or fume or other impurity) shall be
made in every establishment for disposal of wastes and effluents,
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.
Work-rooms shall be kept clean on both the outer and inner
surfaces and free from obstruction as far as possible
A sufficient supply of wholesome drinking water marked ‘Drinking
water’ in Bangla
Separate latrine and urinal for male and female, adequately lighted
and ventilated, and maintained in a clean and sanitary condition at
Employer should be provided, at convenient places, sufficient
number of dust beans and spittoons which shall be maintained in a
clean and hygienic condition.
All the workers are accessible to receive first aid from the factory at the
time of working hour. A registered medical practitioner will examine
adolescent person Declare the specific operation addressing
Prohibit or restrict employment of women, adolescents or children in
Provide periodical medical examination of persons employed in
dangerous operation and prohibit employment of persons not
certified as fit for such employment;
Provide protection of all persons employed in the unsafe operation
or in the vicinity of the places where it is carried on and the use of
any specified materials or processes in connection with risky
Notify specifying use and precautions regarding use of any
corrosive chemicals and to cause physical injury to any worker at
any time immediately after it has come to employer’s notice about
dangerous building and machinery;
Occupational Health and safety
Establishments are required to put up for every 150 workers
one first aid box and one
trained person per first aid box, and an equipped dispensary
with a patient-room, doctor and nursing staff.
Employers are required to take appropriate measures to
protect workers from danger and damage due to fire.
Every establishment is required to be kept clean and free
from effluvia arising out of any drain, privy or other nuisance.
The work room should not be overcrowded and injurious to
the health of the workers.
Every establishment should provide pure drinking water,
sufficient light and air, and separate toilets for its male and
Accident related issues
Inform about accidental issues causing loss of life or bodily injury, or when
an accidental explosion, ignition, outbreak of fire or irruption, outbreak of
fire or irruption of water or fumes occurs in an establishment;
Prevent and take precaution of any manufacturing process produces dust,
gas, fume or vapour of such character and to such extent as to be likely to
explode on ignition;
Take necessary steps for building, ways, machinery or plant that can used
with safety and at least one alternative connection stairway with each floor
and such means of escape in case of fire and firefighting apparatus,
window, or other exit affording means of escape in case of fire, other than
the means of exit in ordinary use and a free passage-way giving access to
each means of escape in case of fire;
Mark in Bangla and in red letters of adequate size or by some other
effective and clearly understood signs.
and will give decision as to the fitness of that person;
All the workers are able to receive washing and bathing facility after using chemicals;
All the workers are entitled to receive compensation after attack with any disease at
the time of professional work for the particular work and directly attribute to a specific
injury by accident arising out of and in the course of his employment
National OHS Policy Framework
The constitution of Bangladesh adapted on the
November 4th 1972 recognizes productivity as a
basic need for economic development and covers
the right to work and reasonable wages, medicare
and, disease and disablement. And thus it is
assumed the health and safety of industrial
workers has been taken care of. The
Occupational Health and Safety Services in
Bangladesh, is still in the developmental stage. In
Bangladesh Occupational Health and Safety
generally refers mainly to needs of workers of
industries or some manufacturing process but
does not completely cover all recognized
occupations of the country.
All the workers are accessible to receive first aid
from the factory at the time of working hour. A
registered medical practitioner will examine
adolescent person and will give decision as to the
fitness of that person;
All the workers are able to receive washing and
bathing facility after using chemicals;
All the workers are entitled to receive
compensation after attack with any disease at the
time of professional work for the particular work
and directly attribute to a specific injury by
accident arising out of and in the course of his
Welfare and social protection
Gratuity is defined under the law as separation payment, at least 30 days,
for workers discharged from work and yet have worked not less than 6
Factories are required to have an in-house canteen for every 100 workers.
Every establishment/employer is required to form a Provident Fund if three-
fourths of its workers demand it by written application, and a Workers’
Participation Fund and a Workers’ Welfare Fund for its workers.
Establishments with 200 or more workers should institute a group
Every employer should provide compensation to its workers for work-
related injury, disability and death.
Various women’s’ issues are also covered: maternity leave of 16 weeks (8
weeks before and 8 weeks after child birth), no gender-segregated wage
structure, prohibition of any form of discrimination against women,
prohibition of women working between 10:00 p.m. and 6:00 a.m. without
consent, prohibition for women handling running or dangerous machines
(unless they are sufficiently trained to operate such machinery), prohibition
for women working under water or underground.
Workers perception in companies profit
Every worker has the right to participate in
Incase of fatal accident the employer will
prescribe notice within 30 days of the opinion
of employee and deposit compensation on
accident of death.
Working hour and leave
Any adolescent worker will allowed to work in a factory 5
hours in a day and 30 hours in a week.
The overtime of the adolescent will not exceed 36 hours to 48
8 hours a day and 48 hours in a week for a established
Every workers are entitled to holidays, casual leave, festival
leave, annual leave and sick leave
Workers are entitled to rest and meal in a day as follows: (i)
one hour interval for over six
hours work a day; (ii) half an hour interval for more than five
hour work; and (iii) one
hour interval once or half an hour interval twice for more than
eight hours work a day.
Wage, Compensation and Payment
Employers are mandated to observe equal
wages for male and female workers for work of
equal nature or value.
A ‘Minimum Wage Board’ is established to
determine the minimum rates of wages in
different private sectors, taking into
consideration varied criteria: cost of living,
standard of living, cost of production,
productivity, price of products, business
capability, and economic and social conditions
of the country.
Roles and responsibilities of Trade Union
"trade union" means any combination whether temporary or permanent, the principal
purposes of which are, under its constitution, the regulation of the relations between
workers and employers, or between workers and workers, or between employers
and employers whether such combination would or would not, if this Act had not
been enacted, have been deemed to have been an unlawful combination by reason
of some one or more of its purposes being in restraint of trade.
TUs inspire every member of Union to abide by laws/rules on OHS and aware the
workers and officials about the law and rights with responsibilities; Participate,
cooperate and provide necessary support in bilateral and tripartite discussion and
activities on OHS; Expand full support to the activities of occupational health
surveillance in identifying work related diseases or OHS problems.
Trade unions preserve the right to collective bargaining for any specific issues.
Federation of trade unions will call general meetings specially convened the purpose,
by the vote of note less than majority of the total membership will be selected for
bargaining agent on behalf of all workers.
Federation members will keep commitment with mutual trust, understanding and
co0operation between employer and the workers.
Bargaining agents will influence and inspire other members for vocational training,
workers education and family welfare training.
Industrial Relations with Trade Union
Workers have right to form a trade union within factory.
Every worker has right to join in trade union. No workers shall
be allowed for duel membership of trade unions.
Trade union must have constitution and shall be applied for
registration of the concerned area.
Incase of immoral activities or conviction or offensive
involvement within the factory trade union will be closed.
After proper investigation and findings of the offence factory
owner will apply before Labor court for cancellation of the
registration of trade union.
A group of trade union will compile a trade federation and will
be registered showing the receipt of expenditure, meeting
proceedings, register book and other documents on behalf of
Labour relations and social dialogue
Every worker employed in any establishment has the right to form
and join a trade union of their own choice. Trade unions have the
right to draw up their own constitution and rules and to elect their
representatives. Also, trade unions have the right to form and join in
a federation and such unions and federations have the right to
affiliate with any international organization and confederation of
The trade union is allowed to serve as a collective bargaining agent
in any establishment.
In case of industrial disputes, the two sides can seek resolution
through negotiation, followed by conciliation and eventually
arbitration if negotiation fails.
The collective bargaining agent is entitled to file a notice of strike (or
lockout in the case of the employer) with a 15-day cooling-off
Employers can not recruit new workers during the period of a strike.
Employers are also prohibited in terminating workers in the course
of trade union organizing in the work place.
Penalties and procedure
BDT – 10,0000 (Ten thousand taka) in case of continuing
failure, a further sum which may extend to BDT – 1000.
An aggrieved may file application for compensation within 6
(six) months from the date of order and review order on
behalf of penalty.
In case of adolescent the penalty can be extended to BDT –
In case of child labour the penalty to guardian (parent of the
child) may extend to BDT -1000
In case of failure to give notice of accident, punishment with
fine, which may extend 1000 to 3000 or with both.
In case of unfair labor practice punishment with imprisonment
for a term which may extend to 2 years or with fine which
may extend BDT – 10000.
Penalties and procedure
Breach of settlement award or decision shall be punishable
imprisonment, which may term 1 year or with fine may extend
Penalty for illegal strike or lock out or instigating strike or lock
out or go slow can be imprisonment of a term which may
extend to 1 year or with fine which may extend to BDT 5000
or with both.
Penalty for misappropriation of trade union funds (any money
of workers, provident fund) can be imprisonment for a term
which may extend 3 years and shall also be liable to fine.
Penalty for unregistered trade union shall be imprisonment,
which will be extended 6 months and fine BDT 2000 or both.
Penalty for false certificate of fitness (knowingly) shall be
imprisonment for a term which may extend to 3 months, or
with fine which may extend to BDT 1000 or both.
Government shall appoint the Director of Labour and
“such number” of Additional Director of Labour, Joint
Directors of Labour, Deputy Directors of Labour and
Assistant Directors of Labour as necessary for
monitoring workplace activities.
The Government shall appoint a Chief Inspectors and
requisite number of Deputy Chief Inspectors, Assistant
Chief Inspectors or Inspectors. These officers have
the power to enter, inspect and examine any
workplace premises and ascertain the observance of
The Government has the power to establish as many
Labour Courts as it considers necessary. A Labour
Court shall consist of a chairman and two members
(one representing employers and the other, the
Limitations in Bangladesh Labor
Appointment letter: A dream to most workers. Though the law has made it
mandatory for employers to provide appointment letter to the workers, a large
number of garments workers are still deprived of appointment letter (45.3%).
Although garments employers often prepare appointment letters (usually two copies:
one for employer and another for global garments buyers), they do not give copies to
the workers. In the construction industry, none of the workers reported receiving any
Oral contract: pervasive Practice. In the absence of written contracts, what
prevails in general is oral contract. Also, a good number (30.2%) of workers do not
get identity cards from their employers.
Dismissal of workers without notice. Over one-fourth (26.4%) of the
respondents in the garments industry affirmed that employers always dismiss
workers without any prior notice. The situation is more or less the same in the
8-hour work, OT rules hardly followed. All the garments workers said that they
work more than eight hours daily. Sometimes they work 13-14 hours a day. There
are workers who even work extra five hours of daily OT. About one-third (33.5%) of
the garments workers do not know the OT rate, with 13 per cent of the respondent
garments workers getting less than Tk.10 for every hour of OT work against the
minimum Tk.10.80 per hour OT work. For the construction workers, work hours
range at 8-12 hours.
Low wage awareness. More than half (52.4%) of the respondents do
not know whether they are receiving wages according to their grades. A
large number (about 40 %) of respondents in the garments industry also do
not know whether the minimum wage is implemented at their workplaces.
More than half (54.7%) of the garments workers and almost all (98.1%) of
the construction workers do not receive pay slip or any other document
concerning the payment of wages and benefits.
Missing workers’ participation in company's benefit. Garments
workers are not aware about any provision regarding workers’
participation in company’s benefit.
Weekly rest day and leaves not observed. Many garments workers do
not have the chance to enjoy weekly rest day. Most workers get festival
leave but employers often impose conditions to enjoy the leave. Legal
provisions on casual leave, sick leave and annual leave are widely violated.
Sometimes some employers make wage/salary deductions for the workers
to enjoy weekly rest day, casual leave, sick leave and festival leave. In the
construction industry, most workers do not have the chance to enjoy these
leaves as the compensation policy is simply ‘no work, no pay’.
Rest periods: irregular. Only 13.2 per cent of the garments workers have admitted that they
enjoy regular rest periods, meaning the majority enjoy this right in a highly irregular manner. In
the construction sector, 49.5 per cent respondents reported that this right is limited in practice.
Child labour: still a reality. Both the garments and construction industries still employ child
workers (below 14 years of age), per observation by 9.9 per cent of worker respondents in the
garments industry and 13.1 per cent in construction. Three respondents happen to be below 14.
The employment of child workers in both the garments and construction industries is governed by
oral contract. The nature of work given to these child workers are the same as those given to
Women discriminated in job placement, increment and promotion. Female garments
workers are not discriminated with regard to wages. But they face discrimination in job
placement, increment and promotion. In the construction industry, females are discriminated in
wages, benefits and other areas.
High occupational risks, low risk information, limited risk prevention. Workers in both
industries face numerous occupational risks and accidents. The most common risks in garments
are the “pricking of finger by needle” followed by “cuts” in hand. In construction, the most
common risk is “falling down from high place.” And yet, employers usually do not provide
information on these occupational risks, as explained by 43 per cent of worker respondents in the
garments industry and 65 per cent in construction. Majority (61.8 % in garments and 72.1 % in
construction) of respondents said that authorities have not taken any measure to prevent further
accidents at their workplaces. In garments, while some measures are taken, these are not
sufficient and often done before the global buyers’ presence.
Safety facilities: inadequate in garments and absent in construction. In garments factories, fire
extinguishers and emergency stairs are present but are generally inadequate compared to the number
of workers. Some factories do not even have these facilities, with emergency stairs even kept under lock
and key by some employers. Safety equipments and tools are also not always provided to the workers.
A large number (46%) of respondent do not know whether they are provided safety tools. Many workers
also do not get any risk reduction training. Only 2.8 per cent of the construction workers get safety tools
from the employer.
Unfriendly work place environment. While majority of the respondents said that the conditions of
ventilation, lighting, temperature and humidity are good in their work place, about one-fourth said that
this is not so. In the construction sector, most of the respondents claimed that the facilities to contain
dirt, heat, ventilation, dust, noise, smoke, humidity and so on are bad or non-existent. Further, in most
cases, there is no safe drinking water.
Occupational illness The proportions of workers who said that they have suffered occupational
illness are 18.4 per cent in garments and 29 per cent in construction.
Harassments at the workplace. About 40 per cent of the garments workers and 30 per cent of the
construction workers said that they endure mental harassment (due to verbal abuse and the likes). More
worrisome, more than one-fifth (21.7 %) in the garments industry and a few (8.4 percent) in the
construction mentioned that they have experienced or faced physical harassment and torture. A few
respondents (1.9 % in garments and 0.9 % in construction sectors) also admitted that they were
harassed sexually at their workplaces. All these answers were affirmed by the FDG participants.
Welfare facilities: available in law only. The BLL enumerates various welfare facilities like first aid
kit, canteen, restroom, day care/children’s room, medical care, separate place/room for lunch at the
workplaces of the workers. However, a large number of the respondents said that they are not provided
with many of these facilities. In the construction sector, very few (9 %) said that they have first-aid kits;
most said that the other facilities are generally absent.
Violations of maternity and social welfare programs. No factory provides
maternity leave for four months and most factories give maternity leave only without
pay. Participants also report that female workers many times do not want to bear
child because of fear of losing the job. Very few garments factories have introduced
provident fund and gratuity for the workers. Group insurance is also not effective in
most of the garments factories. In construction sector, workers are completely
deprived of all these programs.
Garment and construction: generally unorganized. Most of the workers in the
garments and construction industries are not organized. Almost all of the
respondents mentioned that there is no workers’ association in their factory or at the
workplace. A few reported on the existence of workers’ association that are not trade
union in nature.
Barriers to TU formation: fear of losing Job, long hours of work. Garments and
construction workers do not join trade unions, as they do not want to lose their jobs.
Workers in both sectors disclosed that their employers would dismiss them from job
if they are found engaged in any sort of activities related to workers’ association.
There are cases where employers send workers suspected of union organizing to
police custody. Also, since workers of these two industries log long hours of work
every day, they hardly have time for trade union activities.
Collective bargaining: limited and informal in nature. Predictably, only 2.8 per
cent of worker respondents in the garments industry and 0.9 per cent in the
construction admitted that they have knowledge or been involved in collective
bargaining with their employers. Moreover, bargaining is of the limited informal type,
with garments workers bargaining with the employers through informal mediators
and construction workers with individual contractors.
Right to strike: widely unrecognized. Only 7.5 per cent of the garments workers
and 4.7 per cent workers in the construction said that strikes were conducted at their
workplaces. Workers in both industries perceive that the right to strike is never
recognized at their workplaces, with some employers even punishing workers who
go on or participate in strikes. A significant number of workers even do not know
whether they have this right.
Limited freedom to express grievances, limited role of TUs and tripartite
process. The opportunity for the workers to express their grievances at the
workplace is severely limited. Disputes raised at the shop floor are solved mainly
through informal discussion in both industries, presumably with the HR departments
of the factories. The role of workers associations and tripartite body were mentioned
by only a few garments workers.
Inspection: “fire brigade” approach. Most workers said that they never met any
government officials coming and inspecting their workplaces. Those who have visited
their work places talked only to the employers. Also, inspections take place only after
some accidents have occurred, like the fire brigade taking action after the fire.
Access to judiciary: low awareness. Very few workers get the opportunity to
take legal measures concerning conflicts with employers. They usually inform the
police about such issue and a few take action through the workers association. A
large numbers of workers (68.4 % in garments and64.5 % in construction) do not
know whether they can take legal measures against their employers.
Oikko (“unity”) – United for translating rights
into action NOW.
Addressing issues: Compliance
Safe group space for meeting
Income generating ideas: over time, benefits,
Context specific strategies
Addressing issues: Gender
Realities and interests
Awareness raising sessions
Opportunities for women’s agency
Wide ranging information center
Stigma and discrimination
Access to services
Addressing issues: Problems
Outreach and support
Rights and corrections
Emerging issues: norms, policy, legislation
Addressing issues: Rights
Health and safety
Addressing issues: Access to
Decision making position
Quality and information
Movement and activities
Options and legal aid services
Result oriented benefits
Reduce vulnerability, death, and similar
Oikko (“unity”)Project Actions
Strong and united civil society promotions
Implementation of fundamental labor rights
Strengthen the capacity of labor rights actors
Increase the voice and influence of female
Develop leadership skills and networks to
collectively claim their rights
Increase capacity to exerts leadership rile in
outreach and within the union
Develop joined positions, lobbied to promote labor
rights and gender equality
Feedback, questions, comment