Important Laws in garments industry of Bangladesh

SOME IMPORTANT INDUSTRIAL LAW IN GARMENTS OF BANGLADESH

Maruf Mahfuz

Email-maruf.txt@gmail.com

Cell 01738676060

Department of Textile Engineering 

World University of Bangladesh

 Introduction:

Law is nothing without the application/ practice. Bangladesh labor code 2006 has been published with almost all necessary law required in any establishment. Proper practice of law in our factory or any industry is very essential, besides we have to know about the laws & their application. This is an approach and strategy to make a significant work to know the important laws in our country published in Bangladesh labor code 2006.

DAY:

 Under section 2(19) According to the Bangladesh Labor Code 2006;

 A period of twenty-four hours; beginning at six o’clock in the morning.

STRIKE: 

Under section 2(22) According to the Bangladesh Labor Code 2006;

Means cessation of work by a group of workers employed in any establishment or refusal to work jointly or refused to accept employment or to continue to work by any group of workers of that establishment under a common understanding.

SHIFT: 

Under section 2(29) According to the Bangladesh Labor Code 2006;

 Means where work of the same kind is carried out by two or more sets of workers working during different period of the day, each of such period.

ADULT: 

Under section 2(36) According to the Bangladesh Labor Code 2006;

 Means a person who has completed eighteenth year of age.

AWARD: 

Under section 2(56) According to the Bangladesh Labor Code 2006;

Award means the determination by a labor court arbitrator, or appellate tribunal of any industrial dispute or any matter relating thereto & includes an interim award.

LOCK OUT: 

Under section 2(57) According to the Bangladesh Labor Code 2006;

 A Lock-out  is defined under section 2 (57) of the Bangladesh   labor code 2006: “Lock-out” means the closing of a place of employment or part of such place or the suspension wholly or party of work by an employer, or refusal absolute or conditional by an employer to continue to employ any member of workmen employed by him where such closing, suspension or refusal is or occurs in connection with an industrial dispute or is intended for the purpose of compelling workmen employed to accept certain terms and conditions of employment;

LAY OFF: 

Under section 2(58) According to the Bangladesh Labor Code 2006;

Layoff means the failure, refusal or inability of an employer to give employment to a worker on account of shortage of coal, power or raw material or the accumulation of stock or the break-down of machinery, to give employment to a worker.

INDUSTRIAL DISPUTE: 

Under section 2(62) According to the Bangladesh Labor Code; 2006

Industrial dispute means any dispute or difference between employers & employers or between employers & workers or between workers & workers which is connected with the employment or the conditions of work of any person.

CHILD:

 Under section 2(63) According to the Bangladesh labor code; 2006

Child means a person who has not completed his fourteenth year of age.

WORKER: 

Under section 2(65) According to the Bangladesh labor code 2006;

Worker means any person including an apprentice who is employed  directly or through a contractor to do any skilled ,unskilled , manual, technical, trade  promotional, whether the terms of employment be expressed or implied, but does not include a person employed mainly in a managerial or administrative capacity.

WEEK:

 Under section 2(66) According to the Bangladesh Labor code 2006;

Week means a period of seven days beginning at 6.00 a.m. on Friday or such other day as may be fixed by the Government in relation to an establishment in any area.

Classification of worker and period of probation is defined under section-4(1) of the Bangladesh labor code 2006;

On the basis of the nature and feature of the work, the workers employed in any establishment may be classified into the following classes, such as-

                            

A) Apprentices,

B) Badlies (one who remains waiting),

C) Casual,

D) Temporary,

E) Probationer,

F) Permanent,

Under section-4(2) of the Bangladesh labor code 2006;

Any worker will be called an apprentice if he is employed as a trainee and he is paid allowance during the training period.

Under section-4(3) of the Bangladesh labor code 2006;

 Any worker will be called a badli worker if he is employed in any establishment to work in absence of a permanent worker or a probationer worker.

Under section-4(4) of the Bangladesh labor code 2006;

Any worker will be called casual worker if his employment in any establishment is of casual nature.

Under section-4(5) of the Bangladesh labor code 2006;

 Any worker will be called a temporary worker if his employment in any establishment is for a work which is merely of temporary nature and is likely to be completed within a limited time.

Under section-4(6) of the Bangladesh labor code 2006;

 Any worker will be called a probationer worker if he is appointed to a permanent post for the time being and he will be called so till completion of the probation period.

Under section-4(7) of the Bangladesh labor code 2006;

 Any worker will be called a permanent worker if he is employed permanently in any establishment or completes his probation period satisfactorily.

Under section-4(8) of the Bangladesh labor code 2006;

 The period of probation period will be six months for worker employed to do clerical work and such period for other workers will be three months, Provided that the period of probation for a skilled worker may be extended by an additional period of three months, if, for any circumstance, his quality of work cannot be determined during 1st three months’ probation period.

Under section-4(9) of the Bangladesh labor code 2006;

 If any worker , whose service has been terminated during his probation period including the extended period and is again employed by the same employer within a period of three years, he shall, unless appointed on permanent basis, be deemed to be a probationer and his earlier probation period shall be counted for determining his total period of probation.

Under section-4(10) of the Bangladesh labor code 2006;

If a permanent worker is employed as a probationer in a new post, he may, at any time during the probationary period be reverted to his old permanent post.

Forms of the service book are defined under section -7(1) of the Bangladesh labor code 2006;

The service book shall be maintained in prescribed measure and form and photo of the worker shall be affixed to it.

Under section -7(2) of the Bangladesh labor code 2006;

the service book shall contain the following particulars, such as –Under section -7(1)(a) of the Bangladesh labor code 2006;

 Name of worker, his/her mother’s and father’s name and address;(Name of the spouse also shall have be written where applicable)

Under section -7(1) (b) of the Bangladesh labor code 2006;

Date of birth;

Under section -7(1) (c) of the Bangladesh labor code 2006;

Special particulars necessary for identification;

Under section -7(1) (d) of the Bangladesh labor code 2006;

 Name and address of the previous employer, if, any;

Under section -7(1) (e) of the Bangladesh labor code 2006;

 Duration of service;

Under section -7(1) (f) of the Bangladesh labor code 2006;

Profession of post;

Under section -7(1) (g) of the Bangladesh labor code 2006;

 Wages and allowances (if any);

Under section -7(1) (h) of the Bangladesh labor code 2006;

 Leave enjoyed and

Under section -7(1) (i) of the Bangladesh labor code 2006;

 Conduct of the worker.

Procedure for leave: under section 10 according to the Bangladesh labor code 2006

 A worker who desires to obtain leave of absence shall have to apply in writing to his employer and leave address is to be stated therein.

Under section 10(2) according to the Bangladesh labor code 2006; The employer or his authorized officer shall issue orders on the application within seven days from the date of the receipt of the same or two days prior to the commencement of leave applied for, whichever is earlier:

Provide that if, due to emergent reasons the leave applied for is to commence on the date of application or within three days thereof, the order shall be given on the same day.

Under section 10(3) according to the Bangladesh labor code 2006 if the leave prayed for is granted, a leave pass is to be issued to the worker.

Under section 10(4) according to the Bangladesh labor code 2006  if the leave prayed for is rejected or postponed, the concerned worker is to be informed of the order of rejection or postponement with reasons therefore before the date of the commencement of the leave prayed for and such matter is to be written down in the register maintained for the purpose.

Under section 10(5) according to the Bangladesh labor code 2006 If the worker, after proceeding on leave, desires an extension thereof, he shall, if such leave is due to him, apply sufficiently in advance before the expiry of the leave to the employer who shall send a written reply either granting or rejecting the prayer for the extension of leave to the worker to his leave address.

Calculation of “One Year”, “Six Month” and Wages” in Certain Cases,-Under section 14 According to the Bangladesh labor code 2006;

Under section 14(1) according to the Bangladesh labor code 2006;

For the purpose of this Chapter a worker who, during the preceding twelve calendar months, had actually worked in any establishment at least for two hundred and forty days or one hundred twenty days, shall be deemed to have completed “one year” or “six month “respectively of continuous service.

2) In the event of computing the days of actual work of a worker mentioned in sub-section (1) the following days will be taken into account, such as:-

Under section 14(1) (a) according to the Bangladesh labor code 2006; His days of being laid off;

Under section 14(1) (b) according to the Bangladesh labor code 2006; days of leave with wages or without wages on account of sickness or accident;

Under section 14(1) (c) according to the Bangladesh labor code 2006; the days without work caused by legal strike or illegal lock-out;

Under section 14(1) (d) according to the Bangladesh labor code 2006; In the case of female workers, maternity leave not exceeding 16(sixteen) weeks.

Under section 14(2) according to the Bangladesh labor code 2006; For the purpose of calculating wages under section 19,20 or 23 or sections 22,23,26 or 27 “wages” shall mean the average of the basic wages, dearness allowance and ad-hoc or interim wages, if any, paid in immediate proceeding 12 (twelve) months before retrenchment, dismissal, termination, discharge, retirement or conclusion of service.

Procedure for punishment: Under section 24 according to the Bangladesh labor code 2006;

Under section (24) (1) According to the Bangladesh labor code 2006; No order for punishment under section 23 against a worker shall be made unless

 Under section (24) (1) (a) According to the Bangladesh labor code 2006; the allegations against him are record in waiting;

 Under section (24) (1) (b) According to the Bangladesh labor code 2006; He is given a cop thereof and not less than seven days’ time to explain;

 Under section (24) (1) (c) According to the Bangladesh labor code 2006; He is given personal bearing if he such a prayer is made;

  Under section (24) (1) (d) According to the Bangladesh labor code 2006; after enquiry he is proved guilty; and

  Under section (24) (1) (e) According to the Bangladesh labor code 2006; the employer and the manager approves of such order

According to the section (24)(2) of Bangladesh labor code 2006, A worker charged for misconduct may be suspended pending enquiry into the charges against him and, unless the matter is pending before any court ,the period of such suspension shall not excess sixty days.

Provided that during the period of such suspension, a worker shall be paid by his employer a subsistence allowance equivalent to half of his average including dearness allowances  ad-hoc or interim wages if any

According to the section (24)(3) of  Bangladesh labor code 2006 , An order of suspension shall be in writing that may take effect immediately on delivery to the worker

According to the section (24)(4) of Bangladesh labor code 2006, Any person appointed to an establishment or selected for this purpose can help a worker charge for misconduct in the enquiry

According to the section (24)(5) of Bangladesh labor code 2006, If any party gives any oral statement in the enquiry, that party may be cross examined by the other party against whom the oral statement has been given

According to the section (24)(6) of Bangladesh labor code 2006, If, on enquiry a worker is found guilty of any of the charges alleged and is punished under section 23(1), he shall not be entitled to his wages for any period of suspension for enquiry but shall be entitled to the subsistence allowances

According to the section (24)(7) of Bangladesh labor code 2006, If the worker is not found guilty, he shall be demand to have been on duty for the period  of suspension for enquiry, if any, and shall be entitled to his wages for such period of suspension and subsistence allowance shall be adjusted accordingly,

According to the section (24)(8) of Bangladesh labor code 2006, In case punishment, a copy of the order inflicting such punishment shall be supplied to the worker concerned.

According to the section (24)(9) of Bangladesh labor code 2006, If a worker refused to accept any notice, letter, charge sheet, order or any other document addressed to him by the employer, It shall be demand that such notice, letter, charge sheet, order or the document has been delivered to him if copy of the same has been exhibited on the notice board and another copy has been sent to the address of the worker as available from the records of the employer, by registered post

According to the section (24)(10) of Bangladesh labor code 2006, In awarding punishment shall take into account the gravity of misconduct, the previous record, if any, of the worker and any other extenuating circumstance that may exist.

Termination of employment by the employer otherwise than by dismissal etc. Under section 26 According to the Bangladesh labor code 2006;

According to the section (26) (1) of Bangladesh labor code 2006, for terminating the employment of a permanent worker by employer, otherwise than the manner provided elsewhere in this chapter, notice in the case of

            a)one hundred and twenty days monthly rate workers; and

            b)sixty days’ notice in the case of other workers, in writing shall be given by the worker

According to the section (26)(2) of Bangladesh labor code 2006, For terminating the employment of a temporary worker by the employer , otherwise than in the manner provided elsewhere in this chapter, and if it is not due to the completion, cessation, abolition or discontinuance of the temporary work which he was appointed to perform

a) one months’ notice in the case of monthly rated workers; and

b) fourteen days, notice in the other case, in writing, shall be given by the employer

According to the section (26)(3) of Bangladesh labor code 2006, If the employer desires to terminate the employment of a worker without notice, he may do it by paying wages for notice period as mentioned in sub-section (1) and (2).

According to the section (26) (4) of Bangladesh labor code 2006, The permanent worker whose employment is terminated, shall be paid by the employer compensation at the rate of thirty days wages for every completed year of service or gratuity, if any, whichever is higher and this compensation shall be in addition to any other benefit to which he may be entitled.

Prohibition of employment of children and Adolescent: Under section 34 According to the Bangladesh Labor code 2006;

(1) Under section 34(1) According to the Bangladesh Labor code 2006;

No child shall be employed or allowed to work in any occupation or establishment.

(2) Under section 34(2) According to the Bangladesh Labor code 2006;

 No adolescent shall be employed allowed to work in any occupation or establishment, unless-

 Under section 34(2) (a) According to the Bangladesh Labor code 2006;

 A certificate of fitness in the prescribed from granted to him by a registered medical practitioner is in the custody of the employer,

 Under section 34(2) (b) According to the Bangladesh Labor code 2006;

 He carries, while at a work, a token giving a reference to such certificate.

 Under section 34(3) According to the Bangladesh Labor code 2006;

Nothing in sub-section (2) shall apply to the employment of any adolescent in any occupation or establishment either as an apprentice or for the purpose of receiving vocational training therein.

Under section 34(4) According to the Bangladesh Labor code 2006;

The Government may, where It is of opinion that an emergency has arisen and the public interest so requires, by notification in the official Gazette, declare that sub-section (2) shall not be in operation for such period as may be specified in the notification.

Employment of adolescent on dangerous machines-(1): Under section 40 According to the Bangladesh labor code 2006;

No adolescent shall work at any machine unless-

Under section 40 (1) (a) According to the Bangladesh labor code 2006; He has fully instructed as to the dangerous arising in connection with the machine and the precautions to be observed, and

Under section 40(1) (b) According to the Bangladesh labor code 2006; He has received sufficient training in work at the machine, or is under adequate supervision by a person who has thorough knowledge and experience of the machine

Under section 40(2) According to the Bangladesh labor code 2006;  This section shall apply to such machines as the Government may declare, by notification in the official Gazette, to be of such a dangerous character that adolescents ought not to work at them unless the foregoing requirements as mentioned in sub-section (1) are complied with.

Under section 40(3) According to the Bangladesh labor code 2006; No adolescent shall be employed to any dangerous work the list of which may be published by the Government from time to time by notification in the official Gazette.

Right to, and liability for, payment of maternity benefit: Under section 46 According to the Bangladesh labor code 2006; 

Under section 46(1) According to the Bangladesh labor code 2006; Every woman employed in an establishment shall be entitled to and her employer shall be liable for, the payment of maternity benefit in respect of the period of eight weeks preceding the expected day of her delivery and eight weeks immediately following the day of her delivery :

Provided that a woman shall not be entitled to such maternity benefit unless she has worked under the employer, for a period of not less than six month immediately preceding the day of her delivery.

Under section 46(2) According to the Bangladesh labor code 2006;  No maternity benefit shall be payable to any woman if at the time of her confinement she has two or more surviving children, but in that case she shall be entitled to the leave to which she would otherwise be entitled.

Neatness & Cleanliness- Under section 51 According to the Bangladesh labor code 2006;

Neatness & Cleanliness defined under section 7 of the Bangladesh labor code 2006:

 Every establishment shall have to be kept neat and clean and free from effluvia arising out of any drain, latrine or other nuisance and in particular the dirt and refuge from-

a)      The floors, workrooms, staircases, passages of the establishment shall have to be removed daily by sweeping in suitable manner,

b)      The floor of every workroom shall have to be washed at least once in a week and, if necessary, disinfectant is to be used in the washing task;

c)      Where the floor becomes wet because of any manufacturing process to such an extent that drainage of water becomes necessary, adequate arrangement is to be made for draining water.

d)     All inside walls, partitions, ceilings, staircases, passages shall-

e)      Where they are painted or varnished, be repainted and revarnished at least once in every three years;

f)       Where they are painted or varnished and   have smooth outer surfaces, be cleaned at least once in every fourteen months in the manner prescribed by rules;

g)      In other cases , white washing or color washing be done at least once in ever fourteen months and

h)      The date and of the carrying out of the works mentioned in clause

i)        Shall have to be written down in resister prescribed by rules.

Safety of Building and Machinery: Under section 61 According to the Bangladesh Labor code 2006.

Safety of Building and Machinery defined under section 7 of the Bangladesh labor code 2006:

a)      If it appears to any Inspector that any building or any of its parts or any pathway, machinery or plant in any establishment is in such a condition that it is dangerous to human life or safety, he may direct the employer by serving on him an order in writing to take such measure as he thinks necessary within the time specified therein.

b)      If it appears to any Inspector that the use of any building or any part thereof or any pathway, machinery or plant thereof in an establishment is immediately dangerous to human life or safety, he may, by serving an order in writing on the employer, prohibit its use until it is properly repaired or altered.

Adopting Precaution Regarding Fire: Under section 62 According to the Bangladesh labor code 2006;

Adopting Precaution Regarding Fire defined under section 7 of the Bangladesh labor code 2006:

a)      In every establishment arrangement shall have to be made for the way to go out at the time of conflagration along with at least one alternative staircase maintain connection with every floor and fire extinguishing appliances in the manner prescribed by rules.

b)       If it appears to any Inspector that arrangement for exit under sub – section(1) has not been made, he may, by serving an order in writing upon the employer, direct him to inform him (Inspector) of what arrangement, in his (employer’s) opinion may be made within the time specified therein.

c)      In every establishment the doors affording exit from any room shall not be locked or a fastened so as to enable them to be easily and instantaneously opened from inside while any person is within the room, and all such doors, unless they are or sliding type, shall be constructed to open outwards or where the door is between the rooms, towards the direction of the nearest exit from the building and no such door shall be locked or obstructed while work is being carried in the room.

d)     In every establishment every window, door or other exit affording means of escape in case of fire, other than the means of exit in ordinary use, shall be distinctively marked by Bangla letters in red color or by any other easily comprehensible manner.

e)      In every establishment there shall be provided Cleary audible signaling system of giving warning at the time of fire or danger to every worker employed therein.

f)       A free pathway giving access to each means of escape at the time of fire shall be maintained for the use of the workers employed in each room of the establishment.

g)      The establishment wherein 10 (ten) or more workers are ordinary employed in any place above the ground floor, or explosive or highly inflammable materials are used or stored, effective measures shall have to be taken so that all the workers employed therein are well known to the means of escape at the time of fire and can receive full training about their duty to be done at that time.

h)      The factories or establishment having fifty or more workers /employees shall have to arrange a fire extinguishing demonstration at least once a year and a record book in this respect as may be prescribed shall have to maintained be the employer. 

Conclusion:

Though the law has been established for the wellbeing of the workers of our country, but most of the cases we hardly see the practice of this law. To create a better working condition the application of industrial act is a must. Otherwise we have to face more labor unrest among the different factories & establishment, resulting we may loss our foreign currency which is about 17 billion dollar per year comes from only ready-made garments sector, where worker/ labors are the main raw materials to keep the smooth production of the factory.