Facilities provided for workers as per the labor act 2006.

Submitted to:
Mr. Anwarul Islam
Assist. Director of Bangladesh Bank
Instructor, Stamford University.

Course Code: MGT 530

fall 2010
Date: 22th December. 2010

Submitted By:
Junaed Mustofa Chowdhury
Roll: 03409407
Dil jahan Khanam
Roll: 03910853
M.B.A.
 Facilities provided for workers as per the labor act 2006.

Table of Contents

Executive Summery
PART 1: WORKING CONDITIONS
1.1 WAGES
1.1.1 Definition
1.1.2 Persons responsible for the payment of wages
1.1.3 Fixation of wage periods and time of payment of wages
1.1.4 Deductions from the wages
1.1.5 Grievance procedure in case of illegal deductions or delay in payment
1.2 WORKING HOURS AND LEAVES
1.2.1 Daily hours
1.2.2 Interval for rest and meal*
1.2.3 Weekly hours**
1.2.4 Weekly Holiday***
1.3 PAID ANNUAL LEAVE
1.3.1 Annual leave with wage
1.3.2 Festival holiday*
1.3.3 Casual leave
1.3.4 Sick leave **
Changes in the present law:
1.4 EMPLOYMENT OF FEMALE
Provisions of the new labor law:
1.5 MATERNITY BENEFITS
1.5.1 Maternity leave
1.5.2 Procedure of payment of the maternity benefit
1.5.3 Amount of the Maternity Benefits
1.5.4 Benefits in case of the death of mother****
1.6 EMPLOYMENT OF ADOLESCENT
1.6.1 Prohibition of employment of children and adolescent
1.6.2 Certificate of fitness
1.6.3 Working hours of adolescent
1.6.4 Restriction of appointment of adolescent in certain work
PART 2: EMPLOYMENT
2.1 Forced labor
2.2 Discrimination
2.3 Service rules
2.4 Appointment Letter and ID card
2.5 Service book
2.6 Classification of workers
2.7 Probationary period
2.8 Calculation of continuous service
2.9 Payment of wages for un-availed leave*
2.10 Death benefit**
2.11 Stoppage of work
2.12 Right of laid off workers*
2.13 Retrenchment**
2.14 Discharge
2.15 Dismissal
2.16 Termination
PART 3: OCCUPATIONAL HEALTH, SAFETY AND WELFARE
3.1 SAFETY
3.1.1 Fire
3.1.2 Floors, stairs and means of access
3.1.3 Excessive Weights
3.1.4 Safety of building and machineries
3.1.5 Fencing of machinery*
3.1.6 Work on or near machinery on motion*
3.1.7 Explosive or inflammable dust or gas**
3.1.8 Precautions against dangerous fumes*
3.1.9 Personal protective equipment
3.1.10 Risk assessment and prevention
3.2 WELFARE
3.2.1 First aid appliances
3.2.2 Washing facilities
3.2.3 Canteens
3.2.4 Shelters/ rest rooms and lunch rooms
3.2.5 Rooms for children*
3.3 HEALTH AND HYGIENE
3.3.1 Cleanliness
3.3.2 Drinking water
3.3.3 Overcrowding
3.3.4 Lighting
3.3.5 Latrines and urinals
3.3.6 Dust bins and spittoons
Bangladesh Labor Act, 2006 has introduced a good number of important things like retirement
benefit, death benefit, appointment letter, enhancement of compensation amounts both for death
and permanent disability, introduction of provident fund for workers, punishment for sexual
harassment at workplace etc.
Bangladesh Labor Act, 2006 is dispose of 25 important Labor Laws which includes factories Act,
1965, Shops and Establishments Act, 1965, Employment of Labor (S.O) Act, 1965, Payment of
Wages Act, 1936,Workmen's Compensation Act, 1923, Industrial Relations Ordinance, 1969 etc.

Executive Summary:

1. Prior to the promulgation of the Bangladesh Labor Law 2006, the total number of Acts and
Ordinances in this field were 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

2. In accordance with the ratified ILO conventions and with a view to creating a constructive
environment, for the elimination 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.

3. 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.

4. 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.

5. 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.

6. The salient features of the newly promulgated law are as follows:

 One single modern updated code instead of the 25 scattered Acts and
 Ordinances
 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 participation 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 has 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 labor laws has been abrogated by the
promulgation of this new labor code.

PART 1: WORKING CONDITIONS

1.1 WAGES

1.1.1 Definition

Provisions of the new labor law:

Chapter 10 of the new labor law deals with the provisions related to the wages of the labor.
Wages include the following items as per section 120 of the new labor law:
 Any bonus payable or any other additional wages as per the terms and conditions of the
employment;
 Any remuneration payable during leave, holiday and overtime;
 Any amount payable against the order of the court or against the award of arbitrator;
 Any amount payable to the worker against out of the contract between the owner and the worker
after the employment is expired by dismissal, discharge, retrenchment, or termination;
 Any amount payable due to lay off or temporary suspension.

The new law has also provided a list of exclusion in section 2(45) to exclude the following accounts head
from the term wages:
 Expense of housing facilities like lighting facilities, water supply, medical or any other facilities;
 Owners’ contribution to the provident fund of the worker;
 Traveling allowances or concessions thereof;
 Any other sum paid to worker to cover any special expenses entailed to her/him by the nature of
the employment.

But, as per different decisions of the courts of Bangladesh, the following items are also treated as part of
the wages of a worker:
 Any amount payable to the worker by the order of the court or the award of the arbitrator shall be
treated as the wages;
  Overtime allowance shall be treated as wages;
 Compensation on retrenchment (on ground of redundancy) shall be treated as wages;
 Allowance during lay-off or temporary suspension shall be treated as wages;
 Increment shall be treated as wages;
 Compensation at the expiry of the employment by any means like dismissal, discharge or
otherwise shall be treated as wages;
 Gratuity on discharge or any other gratuity shall be treated as wages;
 House rent allowances shall be treated as wages;
 Wages during leaves or holidays shall be treated as wages.

Changes in the present law:

1. Previous law excluded the gratuity on discharge from the wages of a worker but the new law includes it
as part of the wages.
2. The word “gratuity” was never defined anywhere in the earlier labor law but the new law defines it
properly in section 2 (10) where it is defined as the amount of the wages of at least 30 days payable to a
worker who worked in a factory not less than 6 months at the expiry of her/his employment.
3. Previous law provided only the exclusion list with the definition of the wages but the present law
provides both the inclusion and exclusion lists to make a complete sense.
4. Provident fund is considered to be the wages and is payable within 30 days of the expiry of the
employment.

1.1.2 Persons responsible for the payment of wages

Provisions of the new labor law:

Under the new law the following persons shall be responsible for the payment of the wages of the worker.
 Owner of the factory;
 Chief Executive Officer (CEO) of the company;
 Manager/person assigned responsibility by the company;
 The Contractor, for payment to workers appointed by the Contractor.

Changes in the present law:

In case of the failure of the contractor to pay the wages to the worker, the principal owner shall pay the
same and subsequently it can be adjusted with the accounts of the contractor.

1.1.3 Fixation of wage periods and time of payment of wages

Provisions of the new labor law:

The person responsible for the payment of wages of the worker shall fix a period of wages and
accordingly pay it as per the time given in the law.
Section 122 guides the paymaster to fix a period not exceeding 30 days and section 123 provides that
payment shall be made within seven working days of the expiry of a wage period.

Changes in the present law:

There is a big change. In previous law, where there is less than 1000 workers employed, the employer had
to pay before the expiry of the 7th day from the end of the wage period and in the railway or any other
factory or industry , the employer had to pay before the expiry of the 10 th day from the end of the wage
period.

1.1.4 Deductions from the wages

Provisions of the new labor law:

Section 125 of the labor law 2006 deals with the deductions made from the wages of the workers.
Following are the deductions valid under the present law:
1. Fines under section 25 (section 25, however, states that no fine shall be allowed more than one-tenth of
the total wages receivables by a worker in a particular wage period and no fine for a worker aged below
15);
2. Deductions for absence from duty;
3. Deduction for damage or loss of goods entrusted upon the worker in her/his custody;
4. Deduction for house accommodation supplied by the employer;
5. Deduction for such amenities or services supplied by the employer as the government has authorized;
6. Deduction for recovery of advances or for adjustment of overpayments;
7. Deduction for Income tax payable by the worker;
8. Deduction for subscription to and for repayment of advances from the provident fund
9. Deduction for the payment to the co-operative societies approved by the government.
Up to these 9 points the new law remains exactly the same as section 7 of the earlier Payment of
Wages Act 1936, but the new law added more deductions like the following:
 Deductions for the subscription of CBA Union in check-off method;
 Deduction for any welfare fund formed by the employer and authorized by the Government.

1.1.5 Grievance procedure in case of illegal deductions or delay in payment

Provisions of the new labor law:

 Application by the worker her/himself or her/his successor in case of her/his death;
 Application to the labor court only;
 Application within 12 months from the date of such illegal deduction or the date of the payment
being due, but the court can take it even after the expiry of the said period;
 Up to 25% as compensation on the wages due at that time may be ordered;
 No court fee is payable by the aggrieved worker; rather, if the worker wins the case it is the
owner who shall reimburse the payable court fees;
 Single application on behalf of all the workers so aggrieved.

Changes in the present Law:

 At present, the Chairman of the Labor Courts is only eligible to hear the cases;
 Previously, the limitation period was only six months, now it is twelve months.

1.2 WORKING HOURS AND LEAVES

1.2.1 Daily hours

Provisions of the new labor code:

Section 100 makes a provision of 8 working hours a day for an adult worker, but an adult worker may
work 10 hours a day provided all the conditions of section 108 have been fulfilled.
According to that section, the employer is required to pay the worker, overtime, double the rate of her/his
usual wages. i.e. basic & dearness allowance, if any. The employer is also required to maintain an
overtime register as per the law.

Changes in the present law:

Daily hours has been reduced to 8 hours-a-day from previous 9 hours-a-day
1.2.2 Interval for rest and meal*

Provisions of the new labor code:

Interval for rest is provided in the following manner:
1. One hour interval for rest or meal for six hours of work;
2. Half an hour interval for rest or meal for 5 hours of work.
Changes in the present law: No change has been made.

1.2.3 Weekly hours**

Provisions of the new labor code:

The new law makes a provision of total 48 (forty eight) working hours for a worker, but it can be
extended up to sixty hours, subject to the payment of overtime allowances as per section 108 of the law.
However, an average of 56 working hours per week in a year for a labor must not be exceeded under any
circumstances. But the new law makes a provision for exemption approved by the government if it thinks
so fit.

Changes in present law:

Exemption 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 a maximum period of six months at a time.

1.2.4 Weekly Holiday***

Provisions of the new labor code:

Section 103 of the new labor code makes the provision of one day weekly holiday for all the workers
employed in a factory.
* Section 101 of the Labor Law, 2006
** Section 102 of the Labor Law, 2006
*** Section 103 of the Labor Law, 2006

Changes in the new law: No change.

1.3 PAID ANNUAL LEAVE

1.3.1 Annual leave with wage

Provisions of the new labor law:

Section117 of the new labor law deals with the provisions for annual leave with wages. The
Section provides as follows:
1) Each worker, who has completed one year of continuous service in a factory, shall be allowed during
the subsequent period of twelve months’ leave with wages for a number of days calculated at the rate of
i) For adult workers, one day for every 18 (eighteen) days of work performed by her/him during the
previous twelve months;
ii) For adolescent worker, one day for every 15 (fifteen) days of work performed by her/him during the
previous twelve months.
2) An adult worker shall cease to earn any such leave when the leave due to her/him amounts to 40 (forty)
days and an adolescent worker shall cease to earn the said leave when the leave due to her/him amounts to
60 (sixty) days.
1.3.2 Festival holiday*

Provisions of the new labor law:

1) Every worker 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 date of such leaves.
2) The employer may require any worker to work on a festival holiday provided that two days additional
compensatory holidays with full pay and one alternative holiday should be given to her/him under section
103.

Changes in the present law:

Festival holiday has been increased by a day in the new labor law 2006.
1.3.3 Casual leave

Provisions of the new labor law:

Section115 of the new labor law deals with the provisions for casual leave of a worker. It makes a
provision for 10 days casual leave with full wages.

1.3.4 Sick leave **

Provisions of the new labor law:

* Section 118 of the Labor Law, 2006
** Section 116 of the Labor Law, 2006
All workers employed in a factory shall be entitled to get 14 (fourteen) days sick leave with full average
wages. Provided, such a leave shall not be granted unless a Registered Physician employed by the
employer or any other Registered Physician has certified her/his illness.

Changes in the present law:

Earlier laws provided for the same period of leave with half average wages, whereas, the new law makes
provisions for the sick leave to be one with full average wages. The requirement for certification by a
Registered Physician does not exist in the earlier laws. However, it has been added to the new law.

1.4 EMPLOYMENT OF FEMALE

Provisions of the new labor law:

There are a number of sections where the employment and protection of women have been discussed. The
sections are 45, 50, 79, 87, 94, 109, 332 and 345 of the new labor law, 2006.

Night-shift work of female workers: Section 109 of the labor law, 2006 creates a bar on the night works
of the female workers. The section states as follows:
“No female worker shall be engaged for work in any establishment without her consent between 10 pm
and 6 am”.

1.5 MATERNITY BENEFITS

1.5.1 Maternity leave

Provisions of the new labor code:

In section 46 of the new labor law 2006 provisions have been created for maternity leave of 16 weeks (8
weeks before and 8 weeks after the delivery). But the law also makes a provision that no worker shall be
entitled to receive the benefit unless she has served under the owner for a minimum period of six months
prior to the notice of the probability of the delivery.

Provisions of the previous labor laws: Section 3 of the Maternity Benefits Act, 1939 provides maternity
leave of 12 weeks (6 weeks before and 6 weeks after the delivery).

Changes in present law:

The new law increases the maternity leaves to sixteen weeks from twelve weeks and decreases the
duration of the qualifying service period - for availing the benefit - to six months from 9 months.
Also, no maternity benefit shall be payable to any woman if at the time of her confinement she has two or
more surviving children.

1.5.2 Procedure of payment of the maternity benefit

Provisions of the new labor code: Three options are open to the mothers as per section 47 of the new
labor law:
1. The owner shall pay the total benefits payable for the preceding 8 weeks within 3 days from the
submission of the certificate of the probability of delivery (childbirth) by a
Registered Physician and shall pay the remaining amount after three working days of the submission of
the proof-of-delivery.
2. The owner shall pay the benefits payable for the preceding 8 weeks including the day of the delivery
within 3 days from the submission of the proof of delivery and pay the remaining within the next eight
weeks after the proof of delivery is submitted
3. The owner shall pay all the benefits payable within 3 days from the submission of the proof-of-delivery
to the owner.

Provisions of the previous labor laws: Previously the procedure was guided by the Maternity
Benefits Act. 1939. Section 5 of the aforesaid Act provided more stringent payment procedure as there
was the provision of payment within 48 hours after the certificate from any physician was submitted,
whether there remains any working day or not.

Changes in the present law:

Changes have been made in favor of the management, as the management is required to pay the benefit
within three working days. As per the earlier law, it was binding upon the management to pay the benefit
within 48 hours only.

1.5.3 Amount of the Maternity Benefits

Provisions of the new labor code:

As per sections 48 of the new labor code there is a provision of the payment in terms of daily, weekly or
monthly, as and where applicable, average wages. The section also provides the formulae for the
calculation of the aforesaid average wages as follows:

DAW* or WAW** or MAW*** = The total amount received by the worker during the immediate
preceding three months / Total actual working days during that period.

Changes brought by the new law: No change has been made.

1.5.4 Benefits in case of the death of mother****

Provisions of the new labor code:

The person nominated by the mother who died, or in the case where no such person is nominated, her
legal representative, shall be entitled to receive the benefits as described above.

Changes brought by the new law: No change has been made.

* Daily Average Wages
** Weekly Average Wages
*** Monthly Average Wages
**** Section 49 of the Labor Law, 2006

1.6 EMPLOYMENT OF ADOLESCENT

1.6.1 Prohibition of employment of children and adolescent

Provisions of the new labor law:

Section 34 of the new labor law creates a bar on the appointment of children in any establishment. The
section states as follows:
 No child shall be required or allowed to work in any factory.
 Adolescent workers to carry token: An adolescent who has completed fourteen years of age shall
not be required or allowed to work in a factory unless:
1. A certificate of fitness granted to her/him under section 68 is in the custody of the manager of the
factory;
2. Such adolescent carries a token - giving a reference to such certificate while he is at work;
3. Nothing in this section shall be applicable to an adolescent employed in any occupation or in a factory
as an apprentice for vocational training;
4. If the Government considers appropriate, it may as well waive the enforcement of the pre-conditions of
the employment of an adolescent for a particular period.
Child: In the present law child means a person who has not yet completed his fourteen years of age.
Adolescent: Adolescent means a person who has completed her/his fourteen years but has not completed
her/his eighteen years of age.

Changes in the present law:

In the earlier laws, the term “child” was used to mean a person who had not completed 16 years of age
and the term “Young Person” was used to mean and include both the child and adolescent.
Under the earlier law, even a child could have obtained a fitness certificate to get a job in a factory. But in
the new law, child means a person who has completed her/his fourteen years of age and adolescent means
the person who has completed sixteen years and has not completed eighteen years of age. The present law
specifically prohibits employment of children and makes a provision for fitness certificates for the
adolescent only.
Exception: A child, who has completed twelve years of age, may be employed in such light work as not
to endanger his health and development or interfere with his education.
Provided that the hours of work of such child, where he is school going, shall be so arranged that they do
not interfere with his school attendance. (As per section 44)

1.6.2 Certificate of fitness

Provisions of the new labor law:

Section 37 of the new labor law requires an adolescent to obtain a fitness certificate to be employed in
any occupation or in a factory.
  A registered medical practitioner shall, on the application of an adolescent or her/his parent or
guardian accompanied by a document signed by the manager of a factory that such person will be
employed therein if certified to be fit for the work he or she has proposed to be employed for,
issue a certificate of fitness.
 Such certificate shall be valid only for the subsequent 12 months.
 The employer shall pay the fees for obtaining such certificate and the fees cannot be realized from
the parents or guardians of the worker.

1.6.3 Working hours of adolescent

Provisions of the new labor law:

Section41 of the new labor law deals with provisions relating to the working hours of the adolescent. As
per the section following points are important and relevant for the RMG industry.
 No adolescent shall be allowed or required to work 5 hours a day and 30 hours a week
 No adolescent shall be allowed or required to work between the hours from 7 pm to 7 am
 In every factory, the work of an adolescent shall be limited up to two shifts and no such shift shall
be more than 7 and a half hours
 An adolescent can only be appointed in a single relay and such relay shall be changed only with
the prior approval of the inspector for once in a month.

1.6.4 Restriction of appointment of adolescent in certain work

Provisions of the new labor law:

Section 39, 40 and 42 of the new labor law reports some activities for which the employment of the
adolescent is strictly prohibited. As per the above mentioned sections, the employment of the adolescent
are strictly restricted for the following activities:
 Cleaning of the machinery while it is in motion.
 Lubrication or for other adjustment operation of the machinery while it is in motion.
 Any work in-between the moving parts of a machine.
 Any work under ground or under water.

PART 2: EMPLOYMENT

2.1 Employer

Definition in New Labor Law:

The Term Employer is defined in section 2, Subsection (XLIX), previously the term was defined in
different law for different purposes like for payment of wages, for Employment, for Factories and for
Shops and establishment. But the new law provides a single definition to cover all the purposes. As per
the above section any person in relation to an establishment who employs workers therein and includes:
 An heir, Successor, Assignees, Guardian or legal representative of such persons
 Manager or the person responsible for the management and control of the establishment
 The authority appointed by the government or the head of the Ministry or division concerned for
the State owned establishment
 Officer appointed for the purposes or where no such authority is appointed the CEO of the Local
authority for the establishment run by the local authority.
 For any other establishment, the Owner of the establishment and every director, Manager,
Secretary or the agent of such persons
 The person in occupation of the establishment or the person in ultimate control of the
establishment
2.2 Forced labor

Provisions of the new labor law:

Forced labor is strictly prohibited by the Constitution of the Peoples Republic of Bangladesh.
Therefore, any Law approving forced labor is Void ab initio as per the constitutional framework
of legislation in Bangladesh.
Article 34 of the Constitution of the Peoples Republic of Bangladesh stated as follows:

----“All forms of Forced Labor are prohibited and any contravention of this provision shall be an offence
and shall be punishable in accordance with the Law”

Again, the two ILO fundamental rights Conventions (nos. 29 and 105) also addresses the abolition of
forced labor, and Bangladesh has ratified these two conventions long time ago. But, this constitutional
guideline is still ignored in the new Labor Law as the Law has not defined the word forced labor in it and
has not provided for the punishment and procedure thereof.
Therefore, forcing the worker to work in a factory for days together continuously by the factory owners
against their intention should be strictly prohibited and law should address this issue as per our
Constitution and ratified ILO Conventions.

2.3 Discrimination

Provisions of the new labor law:

Any discriminatory behavior on the basis of sex, color and creed is totally prohibited in any law in
Bangladesh. Articles 27 and 28 have provided a guideline to the legislator to make the discrimination free
environment in every walk of national life. Section 345 of the new labor law is, however, noteworthy in
this connection. The section is stated as follows: “In determination of the wages for a worker or in
fixation of the minimum wages equality irrespective of the sex of the worker, shall be maintained. No
discrimination in this regard shall be tolerated by law”.
Article 27 of the Constitution is stated as follows:

----“All citizens are equal before Law and are entitled to equal protection of Law”
Article 28 of the Constitution is stated as follows:
----“The State shall not discriminate against any citizen on the grounds of religion, race, caste, sex or
place of birth.”

Therefore, discrimination on the grounds of any of the above issues is prohibited in the country.

2.4 Service rules

Provisions of the new labor code:

Section 3 of the new labor law allows an industrial establishment to make a service rule pursuant to the
labor laws of the land.

Provisions of the previous labor laws: Section 3 of the Employment of Labor (Standing
Orders) Act, 1965 has the same provisions as above.

Changes brought by the new law: No change has been made.

Comments: Framing of the service rules by an employer is not mandatory, but if these are made, they
must comply with the relevant laws.
2.5 Appointment Letter and ID card

Provisions of the new labor code:

Section 5 of the new “Labor Law 2006” provides that each and every worker should be given
appointment letter and ID card by their employer free of charge.

Provisions of the previous labor laws: Previously there was no such law. Only the Newspaper
Employees (Conditions of Services) Act, 1974 and the Road Transport Workers Ordinance of
1983 made the provision of the appointment letter for their employees.

Comments: Rules are yet to-be-made to provide with a form of the appointment letter or ID card but
from the earlier two Laws the following should be there in the appointment letter: employee’s name,
father’s name, mother’s name, spouse’s name and address, date of appointment, type of employment and
conditions of the employment.

2.6 Service book

Provisions of the new labor code: The law provides for a separate section i.e. Section 8 of the law for
the entries of the service book of a labor. As per the section following entries shall be there in the service
book of a laborer:
 Employee’s name, spouse’s name, mother’s and father’s name and address
 Date of birth
 Mark of recognition
 Previous owner and her/his address if applicable
 Duration of the employment
 Occupation or designation
 Wages and allowances
 Leaves availed
 Conduct of the worker

Provisions of the previous labor laws: Employment of Labor (Standing Orders) Act 1965 does not
provide any provisions related to this. Only the provisions for the maintenance of the service book were
available in the Employment (Record of Services) Act 1952 and Employment
(Record of Services) Rules1957.

Changes brought by the new law:

No significant changes are there in the provisions for the service book in the new law. But the new law
makes it mandatory for the service book to be signed by both the worker and the employer. The law
provides for a list of information to be maintained in the service book of each labor.

2.7 Classification of workers

Provision of the new labor code:

Section 4 of the new labor code of 2006 classifies the workers into following classes:
a) Apprentices
b) Bad lies (transfer workers)
c) Casuals
d) Temporary
e) Probationer and
f) Permanent
These terms of classification have been properly defined in the present legislation
Apprentice: A worker who is appointed in an establishment as a trainee and during the period of training
he is paid an allowance is called an apprentice.
Bad lies (transfer workers): A worker who is employed for the period of absence of a permanent or
probationer worker.
Casual: A worker who is employed on casual basis.
Temporary: A worker who is employed purely for a temporary nature of work.
Probationer: A worker who is employed on probation for a fix time with a view to fill up a permanent
vacancy.
Permanent: A worker who is employed to fill up a permanent post or when a probationer completes
her/his probation period in an establishment.
2.8 Probationary period

Provisions of the new labor law:

Period of probation:
 Six months for the worker employed in clerical activities
 Three months for other workers.
 If the employment of a probationer expires during the probation and if the same person is re-
employed under the same employer within next three years of such employment shall be treated
as a probationer and the previous period of probation shall be calculated with in new period.
 If a permanent worker starts a new job as a probationer, then during that period of probation he
can be shifted to her/his permanent post during the subsequent period of probation.

Changes in the present law:

There is no change in the classification of labor. But in the calculation of the period of probation, the
earlier laws included all the leaves and strikes and lockouts during that period which the new law has
ignored and refrained from specific provisions in this regard.

2.9 Calculation of continuous service

Provisions of the new labor law:

Section 14 of the new labor law provides for the method of the calculation of the continuous service
period of a labor for the purpose of this law in the following manner:
 If the actual number of the working days of a worker is 240 during the previous twelve calendar
months he or she shall be deemed to be worked for a continuous period of one year.
 If the actual number of the working days in the previous twelve calendar months is 120 days s/he
shall be deemed to be employed there for a continuous period of six months. For counting
continuous service, the following issues will come under consideration:
 Days the worker was laid off;
 Days of leave with or without wages due to accident or illness;
 Non-working days due to legal strike or illegal lock out;
 Days on maternity leave for a female worker.

Changes in the present law:

No significant change has been noticed in this purpose except for the inclusion of the number of days’
not-working due to legal strike or illegal lockout. And for calculation of six months of continuous
employment the number of actual working days is 120, which were previously 140.
2.10 Payment of wages for un-availed leave*

Provisions of the new labor law:

In case of the expiry of the specific employment of any worker by way of discharge, dismissal,
termination, retrenchment or retirement, if there remains any un-availed leave of the aforesaid worker, he
or she shall be entitled to get the wages of those days so un-availed.

Changes in the present law:

Actually this was also in previous law under section 5 (4) of SO Act 1965.
* Section 11 of Labor Law, 2006

2.11 Provident Funds for workers:

Provisions of the new labor law

Section 264 of the Labor Law 2006, provided for an establishment of a Provident Fund if so demanded by
the three fourths of the total workers employed in a factory. The section also provided for the following:
1. It may constitute for the benefits of the worker in the private sector.
2. Such provident fund shall be constituted prescribed by the rules.
3. The Government may make rules for constitution of provident fund.
4. Such Provident Fund shall be held and administered by a Board of Trustee.
5. Such Board of Trustee shall consist of an equal number of representatives of the employer and workers
employed in the establishment, and a person nominated by the
Government shall be its Chairman.
6. Representative will be nominated by the employer and collective bargaining agent.
7. The above nomination shall be under the supervision of the Director of Labor.
8. All the representatives shall hold office for a period of two years.
9. A permanent worker shall subscribe to the fund not less than seven percent and not more than eight
percent from his basic wage unless otherwise mutually agreed.
10. In the case of provident fund one fourth of total workers will claim in writing to their employer.
11. In order to provide provident fund the employer will establish rules within six months and the fund
shall start by this period.
12. At least half of the total accumulations shall be invested for the purpose of any of the following,
namely:
a) I.C.B. Mutual Fund Certificates.
b) I.C. B. Unit certificates and
c) Government securities including Defense and Postal Saving Certificates
13. The cost of maintenance shall be borne by the employer.
14. The accounts of provident fund shall be audited.
15. A statement of account together with audit report shall be forwarded to the director of Labor within
one month of the submission of audit report.
16. Where the government is satisfied, he may by order exempt the establishment from the operation of
this section.
17. A provident fund shall be deemed to be a public institution for the purposes of the Provident Funds
Act, 1925 (XXIX of 1925).
18. Establishment in private sector means an establishment which is not managed directly by the
Government.
2.12 Death benefit**

Provisions of the new labor law:

If any worker died after completing 3 (three) years continuous service with an employer, the worker shall
be entitled to get benefits for 30-days’ wages for each completed year or service, or six-months thereof, or
gratuity, whichever is higher. The worker shall get this benefit in addition to her/his other emoluments
during the retirement.

Changes in the present law:

This is also a new addition to the labor law as previously no labor law has provided for the death benefit
except for the Wage Board award for the Newspaper worker.

2.13 Stoppage of work

Provisions of the new labor law:

Section12 of the new labor law deals with the stoppage of work by the employer. As per the above-
mentioned section following are the points to be noted:
a) In the event of fire, other catastrophes, breakdown of machinery, epidemics, or civil commotion, or any
other circumstance beyond her/his control, the employer can stop the work of a section or sections of
her/his factory.
b) In the event of such stoppage occurring at any time beyond working hours, the employer shall by
issuing a notice in the notice board of the factory inform the laborers as and when to resume the work and
whether the worker is to be present at that specific place at that time.
c) The notice also mentioned that those who are ordered to be so present, and if their presence is required
for an hour only, then they may not be entitled to get any benefit.
** Section 19 of Labor Law, 2006

2.14 Right of laid off workers*

Provisions of the new labor law:

Lay off: Failure, refusal or inability of an employer, on account of shortage of coal, power or raw
material or the accumulation of stock or break down of machinery or for any other reason, to continue the
employment to workers whose names are brought to the muster-roll of the factory.
Any worker, whose name is there in the muster-roll of the factory and who has completed a continuous
period of one year service, if laid off, shall be entitled to get the benefits of compensation for all the days
except for the weekly holidays. A badli (transfer) worker whose name is brought in the muster roll shall
not be treated as badli for the purpose of the compensation under this chapter.
 Compensation during lay off = (Total basic + dearness allowance + ad hoc wages)/2 + the
house rent he or she would get if not so laid off.
 No worker shall get the compensation for more than 45 days in a calendar year of lay off
 If any worker is laid off for 15 days or more after the first 45 days of lay off in a single calendar
year the employer can retrench the worker instead of lay her/him off.
 But, if the lay off extends beyond that 45 days up to a period of 15 more days, then the labor so
laid-off shall be entitled to get benefits at the following rate:
Compensation during lay-off beyond 45 days = (Total basic + dearness allowance + ad hoc wages)/4 +
the house rent he or she would get if not so laid-off.

2.15 Retrenchment**

Provisions of the new labor law:

Retrenchment means the expiry of the employment of a worker on the ground of redundancy.
For retrenchment, an employer has to follow the following provision of the new labor law:
No worker, employed in any shop or commercial or industrial establishment, who has been in continuous
service for not less than one year under an employer shall be retrenched by the employer, unless -
(a) The worker has been given one month’s notice in writing, indicating the reasons for retrenchment or
the worker has been paid in lieu of such notice, wages for the period of notice;
(b) A copy of the notice in respect of the retrenchment has been sent to the Chief Inspector or any other
officer authorized by her/him; and
(c) He has been paid, at the time of retrenchment, compensation which shall be equivalent to thirty days’
wages for every completed year of service or for any part thereof in excess of six months, or gratuity, if
any, whichever is higher.
* Section 16 of Labor Law, 2006
** Section 20 of Labor Law, 2006

2.16 Discharge

Provisions of the new labor law:

Discharge means the expiry of the employment of a worker on the ground of inability or incapacity
because of ill health. Section22 of the new labor code deals with the procedure of discharge. As per the
section an employer can discharge a worker on the basis of the report of a Registered Physician.

Compensation in case of discharge: Every worker who has completed a continuous service for one year
shall be entitled to get a benefit of 30 days wages for every completed year of service or the gratuity,
whichever is higher.

2.17 Dismissal

Provisions of the new labor law:

Section23 of the new labor law deals with the dismissal of the worker on the ground of misconduct and
conviction.
The section makes room for the employer to dismiss a worker without serving her/him a notice or the
payment in lieu thereof for the following two grounds:
 If the worker is convicted by any criminal court
 If her/his misconduct is proved under section 24 of the labor law 2006.
 Misconduct, as defined in that section, is:
 Willful insubordination, alone or in combination with others, to any lawful or reasonable order;
 Theft, fraud or dishonesty;
 Receiving or giving bribes;
 Habitual absence, without leave, for more than ten days;
 Habitual late-attendance;
 Habitual breach of any rule or law applicable to the establishment;
 Riotous or disorderly behavior;
 Habitual negligence or neglect of work;
 Frequent repetition of a work on which fine can be imposed;
 Resorting to illegal strike or go slow or instigating others to do so;
 Falsifying, tampering the official document of the employer.

Changes in the present law:

The new law makes a provision of lighter punishment in case of the misconduct. Sub section 2 of section
23 says:
Any worker, against whom misconduct has been charged and proved, may be punished by any of the
following punishment other than dismissal from the job:
 Removal
 Demotion to lower grade;
 Withholding promotion for at least one year;
 Withholding increment for an year;
 Imposition of fine;
 Temporary suspension without wages;
 Censuring and warning;

2.18 Termination

Provisions of the new labor law:

The employer can terminate a worker without assigning any reason whatsoever except for dismissal, etc.
in the following manner as described in Section 26 of the new labor law 2006.
For the permanent workers:
1. Serving 120 days notice to the workers employed on the monthly basis.
2. Serving 60 days notice to the other workers.
For the temporary workers:
1. Serving 30 days notice to the workers employed on the monthly basis.
2. Serving 14 days notice to the other employees.
Termination without any notice: The employer can even terminate the employment of a particular
worker without any notice as described in the section above, if the employer pays the wages to the
terminated worker for the aforesaid period of notice.
Compensation on termination of a permanent worker: When a permanent worker is terminated she or
he shall be entitled to get a benefit of 30 days wage for every completed year of service in an
establishment in addition to the other benefit payable to her/him.

PART 3: OCCUPATIONAL HEALTH, SAFETY AND WELFARE

3.1 SAFETY

3.1.1 Fire

Present law with regards to fire:

Section 62 deals with the provisions for measures to be taken by a factory to avoid dangers and damage
due to fire. The section provides for the following:
1. At least one alternative exit with staircases connecting all the floors of the factory building as described
in the rules for each and every factory.
2. No door affording exit can be locked or fastened during the working hours so that they can be easily or
immediately opened from inside.
3. The doors affording exit must be open outwards, unless it is sliding in nature, if the door is between
two rooms it must open in the direction of the nearest exit.
4. Marking in red letter in proper size, in the language understood by the majority of the workers, on such
doors, windows or any alternative exit affording means of escape in case of fire.
5. There shall be an effective and clearly audible means of fire-warning system to every worker.
6. There shall be a free passage-way giving access to each means to escape.
7. Where more than ten workers are employed other than in the ground floor, there shall be a training for
all the workers about the means of escape in case of fire.
8. There shall be at least one fire-extinction parade and escape-drill at least once a year in a factory where
more than fifty workers are employed.
Changes in the present law:
 The new law makes a provision of an alterative staircase affording means of escape connecting
all the floors
 Fire extinguishing and escape parade shall be arranged at least once every year.

3.1.2 Floors, stairs and means of access

Provisions of the new labor law:
Section72 of the new labor law deals with the floors, stairs and means of access. The section states as
follows:
1. All floors, staircases, and passages shall be of sound construction and properly maintained, and if it is
necessary to ensure safety, hand-railings shall be provided with them.
2. Reasonable safe passageway or access shall be maintained in a place where employees work.
3. All the floors, passageways, and staircases shall be maintained in a neat and clean manner, wide
enough, and free from any blockade.

3.1.3 Excessive Weights

Provisions of the new labor law:

Section74 of the new labor code states that, no person shall be employed in any factory to lift, carry or
move any load so heavy as to be likely to cause him injury.

3.1.4 Safety of building and machineries

Provisions of the new labor law:

Section 61 of the labor law 2006 provides for the measures to be taken as regards the safety measures
related to building and machineries. The present law entrusts everything to be done in this regard with the
Inspectors. The section goes as follows:
1. If it appears to an Inspector that any building or part thereof or any passageway or machine of the
factory is in such a condition which is injurious for the life and health of the workers working therein, the
Inspector may issue an order to the owner of the factory to take necessary steps immediately within the
specified time therein.
2. If the Inspector is of the opinion that the building or any machine is seriously dangerous for the life of
the worker, he shall issue an order to repair or alter that immediately failing which, to not run the factory
unless and until the building is so repaired or replaced.

Changes in present law:

Earlier laws didn’t empower the Inspector to stop the operation of a factory in a risky building but the
present law has given sufficient discretion on the part of the Inspectors to take necessary steps so as to
ensure building security and the like.

3.1.5 Fencing of machinery*

Provisions of the new labor law:
1. Factories are required to secure the following parts of machinery in order to ensure safety of the
workers:
* Section 63 of Labor Law, 2006

a. Every moving part of a prime mover and every fly wheel connected to a prime mover
b. The head-race and tail-race of every water wheel and water turbine
c. Any part of a stock-bar which projects beyond the head stock of a lathe
d. Every part of an electric generator, transmission machinery and other dangerous part of any machinery.
2. Fencing must also be done on any other parts (in motion) that contains screw, bolt and key on any
revolving shaft, spindle wheel or pinion and all spur, toothed friction gearing, etc. The fencing is required
to prevent these items from harming the workers coming in close contact to them.
3. The Government may exempt fencing of the aforesaid objects, if and only if certain other measures are
adopted that will ensure safety of the workers.
4. The Government may prescribe such further precautions to fence certain other parts of the machineries
which are not mentioned above for ensuring safety of the workers.

3.1.6 Work on or near machinery on motion*

Provisions of the new labor law:

1. In case of examining, adjusting and lubricating part of machinery in motion, it is required to employ a
well-trained adult male worker. The worker must wear tight-fitted clothing while conducting such jobs
and no other person will be allowed to work on behalf of him during his absence.
2. Women and adolescent are not allowed to do the above-mentioned tasks and they are not also entitled
to work in places between fixed and moving parts of any machinery in motion.
3. The Government may prohibit the cleaning, lubricating and adjusting, of any machinery in motion, by
any person.

3.1.7 Explosive or inflammable dust or gas**

Provisions of the new labor law:

1. The following practicable measures must be taken in factories to avoid explosions caused by
inflammable dust, gas or vapor produced during the manufacturing process:
a) Effective enclosure of the plant or machinery used in the process
b) Removal or prevention of the accumulation of inflammable objects
c) Proper enclosure of all possible sources of ignition.
* Section 64 of Labor Law, 2006
** Section 78 of Labor Law, 2006
2. In case of the impossibility of placing a strong enclosure for the above-mentioned sources of
inflammable objects, provisions of chokes, baffles, vent or other effective appliances have to be kept.
3. Enclosed parts of the plant that contain potentially explosive materials shall only be opened if certain
required precautionary measures are met:
a) Stop valves should be used to stop flow of gaseous objects in pipelines before working on any joint of
that pipeline.
b) Practicable measures should be taken to reduce pressure inside the pipeline before working on joints of
that pipeline
c) Entrance of inflammable gases or vapors, into the pipeline through the joints that are to be worked on,
must be carefully prevented.
4. Operation that requires actions of heat, such as welding, brazing, soldering or cutting, shall not be
conducted in a factory that contains or previously contained inflammable objects without taking
appropriate safety measures.
.
3.1.8 Precautions against dangerous fumes*

Provisions of the new labor law:

1. No person shall be allowed to enter potentially hazardous chambers, containing dangerous fumes, such
as tank, vat, pit, pipe, flue or confined spaces if there is not any manhole of adequate size.
2. No portable light of voltage exceeding 24 volts shall be permitted to use inside places mentioned
above.
3. No person shall be allowed to enter the places mentioned above until the following measures are taken:
a. A certificate in writing has to be given by a competent person stating that the space is free from
dangerous fumes and is fit for persons to enter.
b. It has to be ensured that the worker wears a suitable breathing apparatus and a belt securely attached to
a rope before going into any confined space.
4. No person shall be allowed to enter the places mentioned above for the purpose of working or making
any examination before sufficiently cooling the places down by ventilation.
5. Suitable breathing apparatus, reviving apparatus and belts and ropes shall be kept ready beside the
confined space for instant use. Other workers must also be trained and proficient in the use of all such
apparatus.
* Section 77 of Labor Law, 2006

3.1.9 Personal protective equipment

Provisions of the new labor law:

There are several sections in the new law where the personal protection of the worker has been discussed.
Section 75 deals with the protection of eyes.
Effective screens or suitable goggles shall be provided for the protection of person’s eye where there is a
risk:
- Of injury to eyes from particles or fragments thrown off in the course of the processing
- To the eyes, by reason of exposure to excessive light or heat.
Section 79 also makes a provision of personal protection, sub-section (d) and (e) stated as follows:
(d) Providing for the protection of all persons employed in the operation or in the vicinity of the places
where it is carried on, and
(e) Providing notice about the hazardous chemical to the workers.

3.1.10 Risk assessment and prevention

Provisions of the new labor law:

There are several sections in the new labor code regarding the assessment of risk and prevention thereof.
Section 40 and 79 of the new labor law made provisions for the government to asses certain occupation.
The sections state as follows:
(a) The government shall, by notification in the official gazette, provide a list of the dangerous machines
and risky operations for the adolescent workers (Section 40[3])
(b) The workers employed in such machines and/or operations shall be sufficiently trained and supervised
(c) The Government shall identify and provide a list of dangerous operations (section 79)

3.1.11 Powers of inspectors on certain matters:

i) Power to require any measures as to the safety of building and machinery:

 The inspector may serve an order specifying the measures which should be adopted or an order
prohibiting its use until it has been properly repaired. (s. 61)
 The Chief Inspector may permit the continued use of machine on such conditions for ensuring
safety as he may think fit to impose. (s. 66)
 The Chief Inspector may permit the continued use of a hoist or lift installed in a factory upon
such conditions for ensuring safety as he may think fit to impose. (s.6 (7)).
 The Inspector may serve on the employer an order in writing requiring him to furnish drawings,
specifications and other particulars as may be necessary to determine whether such buildings,
ways, machinery or plant can be used safely and to carry out such tests as may be necessary to
 determine the strength or quality of nay specified parts and to inform the Inspectors of the results
thereof. (s.76).

ii) Power to require measures as to the precautions in case of fire:

 The inspector may serve an order specifying the measures which should be adopted before a date
specified in the order.( s.62 )
iii) Notice to be given to the Inspectors:
 When any accident occurs in an establishment causing loss of life or bodily injury, the employer
of the establishment shall give notice of the occurrence to the Inspector within two working days.
(s. 80)
 Where in an establishment any dangerous occurrence occurs whether causing any bodily injury or
not the employer of the establishment shall send a notice to the Inspector within three working
days. (s. 81)
 Where any worker contacts any disease, the employer or the worker concerned or any person
authorized by him shall send notice to the Inspector.( s. 82)

iv) Power to take samples:

 An Inspector may at any time take a sufficient sample of any substance used or intended to be
used in the establishment such use being , in the opinion of him in contravention of the provisions
of this Act or likely to cause bodily injury to the health of workers.( s.84 )
 Where the Inspector takes such sample, he shall divide the sample into three portions and
effectively seal and suitably mark them and shall permit the employer to add his own seal and
mark thereon.
 If the Inspectors requires the employer shall provide the appliances for dividing, sealing and
marking the sample.
 The inspector shall give one portion of the sample to the employer , send the second portion to a
Government analyst and report thereon and retain the third portion for production to the Court.

v) Power of Inspectors in case of certain dangers;

• If, it appears to the Inspectors that any establishment or any part thereof or with the control,
management or direction thereof, is dangerous to human life or safety or defective, so as to threaten to the
bodily injury of any person, he may give notice in writing to the employer in respect of which he
considers the establishment or the thing or practice, to be dangerous or defective and require the same to
be remedies within such time and in such manner as he may specify in the notice.
• The Inspector may, by order in writing direct the employer prohibiting the extraction or reduction of
pillars in any part of such establishments.
• The Inspector may by an order in writing prohibit the employer if he thinks that there is urgent and
immediate danger to the life.
• The employer if is aggrieved by the order may, within ten days of the receipt of the order
, appeal against the same to the Chief Inspector who may confirm, modify or cancel the order.
• The inspector making an order report the same to the Government and shall inform the employer
concerned that such report has been so made.
• The Chief Inspector shall report to the Government any order, except the order of cancellation passed by
him and shall also inform the employer concerned that such report has been so made.
3.2 WELFARE
3.2.1 First aid appliances
Provisions of the new labor code:
Section 89 of the new labor law provided the following:
1. First Aid boxes or cupboard equipped with the contents prescribed by rules should be provided in every
establishment.
2. A well equipped first aid box or cabinet for every 150 labour
3. A person, who has to be always available in the factory, trained in first aid knowledge assigned for
every first aid box
4. Notice regarding the availability of that person in every working room and a special badge issued for
that person
5. An ambulance and a well-equipped dispensary for every 300 workers employed in a factory.

Changes in present law:

The facility of ambulance and dispensary has to be provided by the owners of the factories in which at
least 300 workers are employed. Previously, this facility was required for factories with a minimum of
500 workers.

3.2.2 Washing facilities

Provisions of the new labor code:

Section 91 of Bangladesh Labor Law, 2006 provides for the washing facilities for workers in a factory.
But the new law is exactly the same as the earlier Factories Act 1965. Rules regarding the washing
facilities are yet to be made.
The number of taps in the workplace was fixed in the earlier laws as per the following schedule:
1. One tap for every 15 worker who are coming into close contact of noxious substances
3. At least one gallons of water supply for each and every worker per day employed in a factory.

3.2.3 Canteens

Provisions of the new labor code:

Section 92 of the new labor law provides a canteen for every 100 workers as opposed to the earlier
Factories Act which provided a canteen for every 250 workers.

Changes brought by the new law:

Number of workers per canteen has been decreased to ensure better canteen facility. All other provisions
related to the management and quality of the services and food in the canteen remains unchanged.

3.2.4 Shelters/ rest rooms and lunch rooms

Provisions of the new labor code:

Section 93 of the new labor code makes a provision of a rest room for every 50 or more workers and a
separate rest room for the female workers numbering over 25. But if the number of female workers is
below 25 then the factory management shall manage a curtain in the same rest room to create a separate
resting space for the female workers.

Changes in present law:

* Taken from Factory Rules, 1979.
Required minimum number of workers for a rest room has been decreased to 50 from 100 and a separate
rest room provision for female workers came into being in the new law.

3.2.5 Rooms for children*

Provisions of the new labor code:

The new law has made a provision of a children’s room for every 40 female workers with children below
6 years of age. The room is required to be of such an area so that it can provide
600 square centimeters (previously it was 20 sft) of space for each child and the minimum height of such
room shall not be less than 360 centimeters.
Changes in present law:
Required minimum number of the female workers, with children below 6 years of age, has been
decreased to 40 from 50, for a children’s room in a factory.

3.3 HEALTH AND HYGIENE

3.3.1 Cleanliness

Provisions of the new labor law:

Section51 of the new labor law deals with the provisions of cleanliness. It is exactly the same as section
12 of the earlier Factories Act, 1965. The law provides for the following:
1. Every factory shall be kept clean and free from effluvia arising out of any drain, privy, or any other
nuisance in the following manner:
a) Accumulation of dirt and refuge shall be moved daily by sweeping from floors and benches of
workrooms, staircases and passages;
b) The floors of every work room shall be cleaned by washing at least once in a week using disinfectant;
c) Effective drainage shall be provided and maintained where the floor is liable to become wet in course
of any manufacturing process to such extent as is capable of drainage;
d) All inside walls and partitions, all ceilings or tops of the rooms and walls, side and top of the
passageways and staircase shall be-
* Section 94 of Labor Law, 2006
 repainted or re-varnished at least once in every five years from when they are painted or varnished
 Cleaned at least once in every fourteen month where they are painted and varnished and have smooth
impervious surfaces.
 kept whitewashed or color washed at least once in every fourteen months
2. A register shall be maintained in every factory for all the required activities as described in the clause
(d) above.

3.3.2 Drinking water

Provisions of the new labor law:

Section 58(1) of the new labor law provides for an effective arrangement of sufficient supply of
wholesome drinking water conveniently located at suitable point for all workers. The section further
provides for the following
(2) The word “Drinking water” shall be legibly marked on the place;
(3) Cooling the drinking water in a factory during the hot weather where more than
250 workers are employed;
(4) Oral Re-hydration Therapy for the workers, working close to the machine producing excessive heat.

Changes in the present law:

A number of changes are there in the new legislation in this regard:
 The Factories Act 1965 made a provision that the drinking water cannot be located in any place
within 20 feet of distance of latrines, urinals, or washing-places, but the new law has directed for
a place convenient to all.
 Oral re-hydration therapy has been instructed for installation for the employees working close to
machines producing excessive heat.

3.3.3 Overcrowding

Provisions of the new labor law:

Section 56(1) of the labor law 2006 makes provisions for required spaces for a single worker employed in
a factory. Following are the points important in this regard.
(2) 9.5 (Nine and half) cubic meters of space for every single worker in a factory;
For calculating the dimension of the aforementioned-space, ignore the height beyond 4.25 meter;
(3) The Factory shall post a notice in each workroom, specifying the maximum number of workers who
can be employed therein as per the above calculation, if the Inspectors so require;
(4) The Inspector can exempt any workroom of any factory from the compliance of this rule if satisfied
that for the health of the worker it is not necessary.

Changes in the present law:

No noteworthy change is there except for the conversion of the measurement of space in the metric
system from the existing British system.

3.3.4 Lighting

Provisions of the new labor law:

Section 57(1) of the new labor law provides for the arrangement of sufficient and suitable lighting of
natural or artificial or both. The section further provides for the following:
(2) Glazed windows or skylights shall be kept clean on both the pouter and inner surface free from
obstructions;
(3) Provisions shall be made
(a) To prevent glare either directly from any source of light or by reflection from a smoothened or
polished surface;
(b) Provisions shall be made for the prevention of the formation of shadow to such extent as to cause eye
strain or risk of accident to any worker.

3.3.5 Latrines and urinals

Provisions of the new labor law:

Section 59 of the new labor law makes the provisions of the latrines and urinals for the workers employed
in a particular factory. The section provides for the following:
a) Sufficient number of latrines and urinals located at convenient places and accessible to all the workers
b) Separate arrangements for male and female workers
c) Properly illuminated and ventilated and sufficient supplied with water at all times
d) Clean and sanitary condition be maintained by detergents or disinfectants or with both

3.3.6 Dust bins and spittoons

Provisions of the new labor law:

Section60 of the present law deals with the provisions of dustbins and spittoons. The sections provides for
the following:
1. Every factory shall provide sufficient number of dustbins and spittoons at convenient places in clean
and hygienic conditions
2. No person shall spit or litter except in the spittoon or bins, kept and maintained for this purpose
3. A notice shall be posted at every conspicuous places for the workers to the effect that
“Spitting or littering in contravention of clause 2 is a punishable offence”.

Changes in the present law: Previously the provision was only for the spittoons; however, now it is
paraphrased as “Spittoons and Dustbins” to include littering as well. The earlier laws made the provision
of a Taka 2 fine for the violation of the spitting rules which is eliminated in the new law and only a notice
has been provided for to that effect.