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Labour and industrial law.

World University of Bangladesh

Term paper on
An overview of Labour Act, 2006 and its shortcomings.

Course name : Labour & industrial Law.

Course code:Law 403
Submitted To:
MD. Tanim Hasan Jim.
Lecturer
Department of Law.

Submitted By:
Arfana Rahman.
Batch:40(c)/roll:1387
Reg:1618401387
Department of Law.
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Labour and industrial law.

Table of contents :

Serial no. Name of the headings Page no.

1. Introduction. 03

2. Conditions and services 04

of employment.

3. Employment of 04
Adolescent.

4. Maternity Benefit. 04-05

5. Health and Hygiene. 05

6. Welfare and provident 06

fund.
7. Working hours and leave. 06-07

8. Collective bargaining 07
board.
9. Minimum wages board, 07
Wages and payment.

10. Labour court & 08

shortcomings of the
labour Act.
11. Conclusion & 08-09
Bibliography
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Labour and industrial law.

Overview of labour law and its shortcomings:

Introduction :
Labour law the term describes the relationship between workers, employing
entities, trade unions and government. It is also known as employment law.
They also have multiple functions; the primary functions of labour laws are to
provide equal opportunity and pay, ensure employees’ physical and mental
well-being and safety, and workplace diversity.

The history of labour law was naturally interwoven with the history of British
colonialism. In early laws from 1880 to 1930 British political economy were
significantly changing their system of Law. It was difficult to run regular
Indian workers, they couldn’t setting up with the law of British establishment.
Hence, the laws was obviously in order to protect the interests of British
employees.
Then came factories Act, it is Well known that Indian textile goods offered stiff
competition to British textiles in the export market and hence in order to make
Indian Labour costlier, the Factories Act was first introduced in 1883. Because
of the pressure brought on the British parliament by the textile magnates Of
Manchester an Lancashire.
Thus, the first stipulation received of eight hours of work, evolution of child
Labour and the restriction of woman in night employment in factories and
mines. Mostly, the introduction of overtime wages for work beyond eight
hours. While the impact of this measure was clearly well furnished, the real
motivation was undoubtedly Protectionist.
So, In this regard of present status law has ratified 39 International Labour
organisation ILO,Conventions of which 37 are in force of Fundamental
conventions it also ratified for forced Labour Law 1930, and discrimination
employee and occupation 1958.
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Labour and industrial law.

Chapter-2
Conditions of service and employment :
In accordance of section – 3 to 33 of chapter 2 explains all condition of
employment and services that any establishment have his regulating
employment of workers. The service probation and many criteria will be
maintained as well as the combination of procedures imposed in service and
punishment. No employer shall hire any worker without giving a letter of
appointment to such worker and a photo identity card shall be given to each
such employed worker. In this consistency, Every worker’s wages shall be paid
before the expiry of the seventh day after the last day of the payable wage
period.

Chapter-3
Employment of Adolescent :
Child Labour’ is work performed by a child that is likely to interfere with his or
her right to education, or to be harmful to their health or physical, mental,
spiritual, moral or social development. All work done by children under the age
of 15 and dangerous work done by children under the age of 18 is illegal.
In Section 34 to 44 discussed the prohibition of employment of children and
adolescent is not permitted. It also includes information about the restriction on
certain agreement, dispute as to age, work on hazardous of dangerous machines.
And it mentioned working hours 5 hours in one day which is 30 hours in a
week. Further more, it ascertain the matter of exception in the employment of
child workers and handicapped workers who has completed 12 years may be
employed for light work and their work shall not hampered his education, so
that the working must arrange properly.

Chapter - 4
Maternity Benefit :
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Labour and industrial law.

This provision of section 45 to 50 ascertain the Employment of woman worker

prohibited during certain periods during eight weeks following the day of
delivery. They have rights to get the payment of maternity benefits from the
employer as well as to get this benefit they need to fulfill some criteria, though
they didn’t get benefits. The employee can complain about it and can get
remedy for it. Due to dead of the benefits the payment will vet to the nominated
person of her. In addition, if the employee get terminated for maternity reason
the employer dismissal won’t accepted and not to be as sufficient cause. For this
reason, the law has been implemented unevenly in Bangladesh resulting in
disparate practices in different industry sectors.

Chapter – 5
Health and Hygiene :
Every establishment shall be kept clean and free from nuisance, Drain, And
effluvia.
In Labour law, From Section 51 to 60 at 2006 describes about hygiene and
health It is important to Clean the jobsite after major task, or at least daily.
Avoid the build up of hazardous, flammable or combustible materials. Stick
scrap lumber out of the way and remove Protruding nails .on the other hand, in
section 61-78 explains about safety which is an important thing to Keep
walkways, tears and work areas clear. Ensure that working surface is our as
level as possible in that workers have adequate fall protection from height. In
this consistency, there should also settle a proper drinking water place and the
arrangement of such latrines and urinals separately for male and female
workers. Further, in this seven chapter also added some new rules related safety
which Government may make requiring for every establishment and those
stability certificates shall be taken from chief inspector.

Chapter-7:
Welfare:
Under Section 89 to 99 explains the welfare of workers is very much linked to
their ability to find decent work. Where will we find two million jobs for young
people entering the labour market in Bangladesh. Opportunities are needed to
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Labour and industrial law.

help both young women and men to find jobs in new sectors, and for this
reason, skills development is critical.

Chapter-17:
Provident funds:
From section 264 to 273 specifies about provident fund of workers which
formed by the contributions of workers and the government set the welfare fund
in any small economic unit. The tenure of the provident fund would be 25 years
and the government monthly deposits would be 100 taka as per rules worker
deposit will be 250 taka per month. After the maturity of fund employees can
get the fund. In case of permanent disability benefit will be given to the
nominated person. Basically, this kind of fund would get priority for the benefit
of agricultural sector, poultry farm, construction, day labourer and rickshaw
puller workers.

Chapter-9:
Working hours and leave :
Under section 117 of the Labour Act, a worker who has completed one year of
continuous service in an establishment is entitled to annual leave with wages for
days calculated on the basis of the works of the preceding 12 months at the
following rate:
• One day for every 18 days of work, in the case of a shop, commercial,
industrial, factory or road transport establishment worker;
• One day for every 22 days of work, in the case of a tea plantation worker;
and
• One day for every 11 days of work, in the case of a newspaper worker.
Under section 118 of the Labour Act, every employee states daily and weekly
working hour limits that each employer should follow. It also talks about
overtime hours and the required compensation. According to the Act, each
employee can work for 8-hours per day.

Chapter-13
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Collective bargaining board :

Generally, collective bargaining is the process of negotiating the terms of
employment between an employer and a group of workers. An application made
of trade union that hold the secret ballot within a period not more than 120 days
in the establishment.
According to section 201 states that the collective bargaining agent in relation to
an establishment are given below:
• Collective bargaining connected with the employment and Non
employment.
• Represent all of the workers in any proceedings.

• They give notice of a strike with the provisions .

• Nominate representatives of workers on the Board of trustees of any
welfare institutions, Provident fund and workers participation fund
establishment.

• To conduct cases on behalf of workers. Infact, The director of Labour

shall make such amendments, alteration or modification in the list of
workers submitted by the employer as may be required by any decision
given by him on objection.

Chapter - 11
Minimum wages board :
Generally, Minimum wage rates are set on an industry basis and are binding on
all employers.
As stated in section 138 of the Labour Act, 2006 mentioned the establishment of
the Minimum wages board. Where the government establish a board to be
called the minimum wage board. There are six members in this structured board
namely-
• Chairman.
• One Independent Member, who has the same activities as a chairman.
• One representing the employers.
• One member representing the workers.
Further more, The purpose of discharging the process also includes two
members those are-
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Labour and industrial law.

• One member who represents the industries employers.

• One member who represents the industries employee’s.
Thus, The chairman and other members of the Wage Board shall appointed by
the government. And they are appointed from among such person who have
adequate knowledge of industrial Labour and economy condition of the country
also who are not connected with any industry or association of any trade union
of workers or employers. So, They are authorized to ensure implementation of
labour law including minimum wage provisions.

Chapter-10
Wages and payment :
The minimum monthly wage is determined on the basis of daily and weekly
working hours which are 8 hours daily and 48 hours per week. Overtime
remuneration is paid at the rate of one and a half times or double the daily rate
of wages.
From section 120to 132 denotes that wages are paid to the employee for hours
based on work and payment is for agreed between an employee and his or her
employer under the contract of employment in the private sector and for
contractual agents in the public service.

Chapter-14
Labour court :
The provisions of labour law including the Central disputes of arising from
labour that deals labour court, administrative tribunals exercise its power
regarding service disputes of public servants. In addition, Bangladesh labour
rules 2015 published after delay Government introduced this act by gazette.
Labour rules are conducted from section 209 to 231 published certain forms for
various register such as service book, labour register, leave register, etc. Further,
the labour courts handle misconduct and punishment process which rules are
prescribed for investigation of misconduct.
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Labour and industrial law.

The list of Shortcomings of the labour Act:

To sort out leading dispute regarding labour law, there are some loopholes
which need to be fulfilled by following proceedings which are given below :
 Increase the number of labour courts.
 To each industry should set up a day care center for employees children.
 The leave of paternity shall also be required.
 Maternity leave and benefits should be given all female workers.
 To start a hotline or mobile Court system to reduce the misconduct of
employer.
 The Labour Act rules should be made poor friendly.
 Appoint a neutral Councillor where employees can complain or council
for relief.
Increase the amount of employees bonus system.
 Government should take action to enforcement relating to wages.

The government of Bangladesh has been proactive in addressing this risk in

terms of reaching Vision 2021 and was amongst the first countries to promote
the implementation of the 2030 Agenda for Sustainable Development.

Conclusion :
In conclusion, this has been an important step in the journey towards a better
labour law. Recent social changes and higher expectations of workers have been
reflected. For example, the recent changes in Bangladesh of women entering the
workforce in larger numbers than ever before have been reflected in the
provisions for better maternity terms, and higher expectations of a better
workplace manifested itself in the provisions for lunchrooms for medium-sized
workplaces. The issue of delays has also been addressed and handled as much
as is possible within the legislative framework.

Bibliography :
 The Labour act, 2006-https://www.bdlaws.com.
 Define the labour act, http://resource.ogrlegal.com.
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Labour and industrial law.