Labour Code 2006

CONDITIONS OF SERVICE AND EMPLOYMENT

3. Conditions of employment :

(1) In every establishment employment of workers and other matters incidental thereto shall be regulated in accordance with the provisions of this chapter: Provided that any establishment may have its own rules regulating employment of workers, but no such rules shall be less favorable to any worker than the provisions of this chapter.

 (2) The service rules in any establishment as mentioned in the proviso to sub-section (1) shall be submitted for approval by the employer of such establishment to the chief inspector who shall, within six months of the receipt thereof make such order therein as he deems fit.

(3) No service rules as mentioned in sub-section (2) shall be put into effect except with the approval of the chief Inspector.

(4) Any person aggrieved by the order of the chief Inspector may, within thirty days of the receipt of the order, may prefer appeal to the Government and the order of the Government on such appeal shall be final.

(5) Nothing provided in sub-section (2) shall apply to an establishment which is owned by or under management or control the Government.

20. Retrenchment :

(1) A worker employed in an establishment may be retrenched from service on the ground of redundancy.

(2) No worker 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 is sent to the chief Inspector or any other officer authorized by him and also to the collective bargaining agent in the establishment, if any; and (c) he has been paid, compensation which shall be equivalent to thirty days wages or gratuity for every completed year of service if any, whichever is higher.

(3) Notwithstanding anything contained in sub-section (2), in the case of retrenchment of a worker under section 16(7), no notice as mentioned in sub-section (2) (a) shall be necessary; but the worker so retrenched, shall be paid fifteen days wages in addition to the compensation or gratuity, as the case may be, which may be payable to him under sub-section (2) (c).

 (4) Where any worker belonging to a particular category of workers is to be retrenched, the employer shall, in the absence of any agreement between him and the worker in this behalf, retrench the worker who was the last person to be employed in that category.

CHAPTER: V

 HEALTH AND HYGIENE

51. Cleanliness:

 Every establishment shall be kept clean and free from effluvia arising from any drain, privy or other nuisance, and in particular-

(a) accumulation of dirt and refuge shall be removed daily by sweeping or by any other effective method from the floors and benches of work-rooms and from staircases and passage and disposed of in a suitable manner;

 (b) the floor of every work-room shall be cleaned at least once in every week by washing, using disinfectant where necessary or by some other effective method;

 (c) where the floor is liable to become wet in the course of any manufacturing process to such extent as is capable of being drained, effective means of drainage shall be provided and maintained;

 (d) all inside walls and partitions, all ceilings, or tops of rooms, and walls, side and tops or passages an staircases shall- (i) where they are painted or varnished, be repainted or re varnished at least once in every three years, (ii) where they are painted or varnished and have smooth imperious surface, be cleaned at least once in every fourteenth months, by such methods as may be prescribed, 40 (iii) in any other case, be kept white-washed or color-washed and the white-washing or color washing shall be carried out at least once in every fourteen months; and

(e) the date on which the processes required by clause (d) are carried out shall be entered in the prescribed register.

52. Ventilation and temperature:

(1) Effective and suitable provisions shall be made in every establishment for securing and maintaining in  every  work room adequate ventilation by the circulation of fresh air;

(2) such temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health.

 (3) the walls and roofs, as required by sub-section (2), shall be of such material and so designed that such temperature shall not be exceeded but kept as low as practicable;

(4) where the nature of the work carried on in the establishment involves, or is likely to involve, the production of excessively high temperature, such adequate measures as are practicable, shall be taken to protect the workers there from by separating the process which produces such temperature from the work-room by insulation the hot parts or by other effective means.

(5) If it appears to the government that in any establishment or class or description of establishments excessively high temperature can be reduced by such methods as white-washing, spraying or insulating and screening outside walls or roofs or windows or by raising the level of the roof, or by insulating the roof either by an air space and double roof or by the use of insulating roof materials, or by other methods, it may prescribe such of those or those or other methods to be adopted in the establishment.

53. Dust and fume:

(1) In every establishment in which, by reason of any manufacturing process carried on, there is given off any dust or fume or other impurity of such a nature and to such an extent as is likely to be injurious or offensive to the workers employed therein, effective measures shall be taken to prevent its accumulation in any work-room and it inhalation by workers, and if any exhaust appliance is necessary for this purpose, it shall he applied as near as possible to the point of origin of the dust, fume or other impurity, and such point shall be enclosed so far as possible.

(2) In any establishment no stationary internal combustion engine shall be operated unless the exhaust is conducted into open air, and no internal combustion engine shall be operated in any room unless effective measures have been taken to prevent such accumulation of fumes there from as are likely to be injurious to the workers employed in the work-room.

54. Disposal of wastes and effluents:

 Effective arrangements shall be made in every establishment for disposal of wastes and effluents due to the manufacturing process carried on therein.

55. Artificial humidification:

(1) In any establishment in which the humidity of the air is artificially increased, the water used for the purpose shall be taken from a public supply, or other source of drinking water, or shall be effectively purified before it is so used. (2) If it appears to an Inspector that the water used in an establishment for increasing humidity which is required to be effectively purified under sub-section (1) is not effectively purified, he may 41 serve on the employer of the establishment an order in writing, specifying the measures which, in his opinion, should be adopted, and requiring them to be carried out before a specified date.

56. Overcrowding:

(1) No work-room in any establishment shall be overcrowded to an extent injurious to the health of the workers employed therein.

(2) Without prejudice to the generality of the provisions of sub-section (1), there shall be provided for every worker employed in a work-room at least 9.5 cubic metre of space in the establishment. Explanation: For the purpose of this sub-section no account shall be taken of a space which is more than 4.25 meter above the level of the floor of the room.

(3) If the chief Inspector by order in writing so requires, there shall be posted in each work-room of an establishment a notice specifying the maximum number of workers who may, in compliance with the provisions of this section, be employed in the room.

(4) The chief Inspector may, by order in writing, exempt, subject to such conditions as he may think fit to impose, any work-room from the provisions of this section if he is satisfied that compliance therewith in respect of such room is not necessary for the purpose of health f the workers employed therein.

57. Lighting :

(1) In every part of an establishment where workers are working or passing, there shall be provided and maintained sufficient and suitable lighting, natural or artificial, or both.

(2) In every establishment all glazed windows and skylights used for the lighting of the work-room shall be kept clean on both the outer and inner surfaces and free from obstruction as far as possible.

 (3) In every establishment effective provisions shall, so far as in practicable, be made for the prevention of- (a) glare either directly from any surface of light or by reflection from or polished surface, and (b) the formation of shadows to such an extent as to cause eye strain or risk of accident to any worker.

58. Drinking water:

(1) In every establishment effective arrangement shall be made to provide and maintain at a suitable point conveniently situated for all workers employed therein, a sufficient supply of wholesome drinking water.

 (2) All such points where water is supplied shall be legibly marked ‘Drinking water’ in Bangla.

 (3) In every establishment wherein two hundred fifty or more workers are ordinarily employed, provision shall be made for cooling the drinking water during the hot weather by effective means and for distribution thereof.

(4) Where dehydration occurs in the body of workers due to work near machineries creation excessive heat, there workers shall be provided with oral re-hydration therapy.

59. Latrines and urinals:

 In every establishment-

(a) Sufficient latrines and urinals of prescribed types shall be provided conveniently situated and accessible to workers at all times while they are in the establishment.

(b) Such latrines and urinals shall be provided separately for male and female workers; 42 (c) such latrines and urinals shall be adequately lighted and ventilated;

(d) All such latrines and urinals shall be maintained in a clean and sanitary condition at all times with suitable detergents and disinfectants.

60. Dust bean and spittoon:

(1) In every establishment there shall be provided, at convenient places, sufficient number of dust beans and spittoons which shall be maintained in a clean and hygienic condition.

(2) No person shall throw any dirt or spit within the premises of an establishment except in the dust beans and spittoons provided for the purpose.

(3) A notice containing this provision and the penalty for its violation shall be prominently displayed at suitable places in the premises.

125. Deductions which may be made from wages:

 (1) No deduction shall be made from the wages of a worker except those authorized by or under this Act. 61

(2) Deductions from the wages of a worker shall be made only in accordance with the provisions of this Act, and may be of the following kinds only, namely-

 (a) fines imposed under section 25;

(b) Deductions for absence from duty;

(c) deduction for damage to or loss of goods expressly entrusted to the worker for custody, or for loss of money for which he is required to account, where such damage o loss is directly attributable to his neglect or default;

(d) Deductions for house-accommodation supplied by the employer;

(e) Deductions for such amenities and services, other than tolls and raw materials required for the purpose of employment, supplied by the employer as the Government may, by general or special order, authorize;

(f) Deductions for recovery of advances or loans of whatever nature or adjustment of over- payments of wages;

(g) Deductions of income-tax payable by the worker;

(h) Deductions required to be made by order of a court or other authority competent to make such order;

(i) Deductions for subscriptions to, and for repayment of advances from any provident fund to which the provident Funds Act, 1925 (XIX of 1925), applies or any other recognized provident fund as define in the Income-tax provident fund as define in the Income-tex. Ordinance, 1984 (XXXVI of 1984), or any provident fund approved in this behalf by the Government, during the continuance of such approval;

 (j) Deductions for payments to any co-operative societies approved by the Government or to a scheme of scheme of insurance maintained by any Government Insurance Company or Bangladesh postal Department;

(k) deductions, made with the written authorization of the workers for the contribution to any fund or scheme constituted or framed by the employer, with the approval of the Government, for the welfare of the workers or the members of their families or both, and

 (l) Deduction of subscription for the CBA union through check-off system

179. Requirements for registration:

 (1) A trade union shall not be entitled to registration under this chapter unless the constitution thereof provides for the following matters, namely:

(a) The name and address of the trade union;

 (b) the objects for which the trade union has been formed; (c) the manner in which a worker may become a member of the trade union specifying therein that no worker shall be enrolled as its member unless he applies in the form set out in the constitution declaring that he is not a member of any other trade union;

 (d) The sources of the fund of the trade union and statement of the purposes for which such fund shall be applicable;

 (e) the conditions under which a member shall be entitled to any benefit assured by the constitution of the trade union and under which any fine or forfeiture may be imposed on him;

(f) The maintenance of a list of the member of the trade union and of adequate facilities for the inspection thereof by the officers and members of the trade union;

(g) The manner in which the constitution shall be amended, varied or rescinded;

(h) The safe custody of the funds of trade union, its annual, audit, the manner of audit and adequate facilities for inspection of the books of account by the officers and members of trade union;

 (i) The manner in which the trade union may be dissolved;

(j) the manner of election of officers by the general body of the trade union and the tem, not less than two years and not exceeding three years, for which an officer may gold office;

(k) the number of members of the executive which shall not be less than five and more than thirty-five as may be prescribed by rules;

 (l) the procedure for expressing want of confidence in any officer of the trade union; and (m)the meetings of the executive and of the general body o the trade union, so that the executive shall meet at least once in every three months and the general body at least once every year.

(2) A trade union of workers shall not be entitled to registration under this chapter unless it has a minimum membership of thirty percent of the total number of workers employed in the establishment in which it is formed: Provided that more than one establishments under the same employer, which are allied to and connected with the another for the purpose of carrying out the same industry irrespective of their place of situation, shall be deemed to be one establishment for the purpose of this sub-section. (3) Where any doubt or dispute arises as to whether any two or more establishments are under the same employer or whether they are allied to or connected with one another for the purpose of carrying on the same industry the matter may be referred to the director of labour for decision. 84 (4) Any person aggrieved by a decision of the director of labour under sub-section (3), may, within thirty days of the decision, prefer an appeal to the labour court; and the decision of the labour court shall be final.

202. Collective bargaining agent:

(1) Where there is only one trade union in an establishment, that trade union shall, be deemed to be collective bargaining agent for such for such establishment.

(2) Where there are more trade unions than one in an establishment, the Director of Labour shall, upon an application made in this behalf by any such trade union or by the employer, hold a secret ballot, within a period of not more than one hundred and twenty days from the date of receipt of such application, to determine as to which one of such trade unions shall be the collective bargaining agent for the establishment.

(3) Upon receipt of an application under sub-section (2) the director of Labour shall, by notice in writing call upon every trade union in the establishment to which the application relates to indicate, 92 within such time, not exceeding fifteen days, as may be specified in the notice, whether it desires to be a contestant in the secret ballot to be held for determining the collective bargaining agent in relation to the establishment.

(4) If a trade union fails to indicate, within the time specified in the notice, its desire to be a contestant in the secret ballot, it shall be presumed that it shall not be a contestant in such ballot.

(5) If no trade union indicates, within the time specified in the notice, its desire to be a contestant in the secret ballot, the trade union which has made the application shall be declared to be the collective bargaining agent in relation to the establishment concerned, provided it has as its members not less than one-third of the total number of workers employed in the establishment.

(6) Every employer shall on being so required by the Director of labour, submit to him a list of all workers employed in the establishment for not less than a period of three months in the establishment excluding those who are casual or badly workers, and the list shall contain the following particulars; namely:

 (7) on being so required Director of Labour, every employer shall submit to the Director of Labour requisite number of additional copies of the list of workers mentioned in sub-section (6) and shall provide such facilities for verification of the list submitted by him.

 (8) On receipt of the list of workers from the employer, the director of Labour shall send a copy of the list to each of the contesting trade unions and shall also affix a coy there of in a conspicuous part of his office and another copy of the list in a conspicuous part of the establishment concerned, together with a notice inviting objections, if any, to be submitted to him within such time as may be specified by him.

 (9) The objections, if any, received by the director of Labour within the specified time shall be disposed of by him after necessary enquiry.

(10) The Director of labour shall make such amendments, alterations or modifications in the list of workers submitted by the employer as may be required by any decision given by him on objections under sub-section (9).

 (11) After amendments, alteration of modification, if any, made under sub-section (10), or where no objections are received by the director of Labour within the specified time the director of Labour shall prepare a list of worker employed in the establishment concerned duly certified and send copies thereof to the employer and such of the contesting trade unions at least seven days prior to the date fixed for poll.

(12) The list of workers prepared and certified under sub-section (11), shall be deemed to be the list of voters, and every worker whose name appears in that list shall be entitled to vote in the poll to determine the collective bargaining agent.

(13) Every employer shall provide all such facilities in his establishment as may be required by the director of labour for the conduct of the poll but shall not interfere with, or in any way influence the voting.

(14) No person shall canvas for vote within a radius of forty-five meters of the polling stations. 93

(15) For the purpose of holding secret ballot to determine the collective bargaining agent, the Director of Labour shall- (a) fix the date for the poll and intimate the same to each of the contesting trade unions and also to every employer; (b) on the date fixed for the poll to place in the polling station set up for the purpose the ballot boxes which shall be sealed in the presence of the representatives of the contesting trade unions as to receive the ballot papers. (c) Conduct the poll at the polling stations at which the representatives of the contesting trade unions shall have the right to be present; (d) After the conclusion of the poll and in the presence of such of the representatives of the contesting trade unions as may be present, open the ballot boxes and count the votes; and (e) After the conclusion of the count, declare the trade union which has received the highest number of votes to be the collective bargaining agent; Provided that no trade union shall be declared to be the collective bargaining agent for an establishment unless the number of bots received by it is not less than one third of the total number of workers employed in such establishment.

(16) Where a registered trade union has been declared under sub-section (14) (e) to be the collective bargaining agent for an establishment, it shall be such collective bargaining agent for a period of two years and no application for the determination of the collective bargaining agent for such establishment shall be entertained within a period of two years from the date of such declaration : provided that, in the case of a group of establishments, the trade union declared to be the collective bargaining agent therefore shall be such collective bargaining agent for three years.

 (17) Notwithstanding anything contained in sub-section (16), where a registered trade union desires to be the collective bargaining agent for an establishment after the expiry of the terms of an existing collective bargaining agent or where an existing Collective bargaining agent desires to continue as such for the next term, it may make an application to the director of Labour, not earlier than one hundred and fifty days and not later than one hundred and twenty days immediately before the expiry of the term of the existing collective bargaining agent, to hold a secret ballot to determine the next collective bargaining agent for the establishment.

 (18) Where an application under sub-section (17) is made, a secret ballot to determine the next collective bargaining agent shall be held within one hundred and twenty days from the receipt of such application, but the trade union declared to be the next collective bargaining agent shall be the collective bargaining agent from the date of expiry of the term of the existing collective bargaining agent.

(19) Where after an application made under sub-section (17) a collective bargaining agent has not been determined for reasons beyond the control of the director of Labour before the expiry of the term of the existing collective bargaining agent, the existing collective bargaining agent shall continue to function as such till a new collective bargaining agent is determined.

(20) Where no application is made under sub-section (17), the director of Labour ay, after the expiry of the term of the existing collective bargaining agent, recognize such collective bargaining agent or any registered trade union to act as collective bargaining agent for the establishment unless 94 a registered trade union is deemed to be a collective bargaining agent for the establishment under sub-section (1) or until a collective bargaining agent is determined by secret ballot under the foregoing provisions of this section, as the case may by.

 (21) Any dispute arising out of any matter in relation to an election for determination of collective bargaining agent shall be referred to the Labour court, and the decision of the Labour court thereon shall be final.

(22) If in any election for determination of collective bargaining agent any contesting trade union receives less than ten percent of the total votes cast, the registration of the trade union shall stand canceled.

(23) A collective bargaining agent may, without prejudice to its own position, impaled as a party to any proceeding under this chapter to which it is itself a party any federation of trade unions of which it is a member.

(24) The collective bargaining agent in relation to an establishment shall be entitled to- (a) undertake collective bargaining with the employer on matters connected with the employment, non-employment, non-employment, the term of employment or the conditions of work; (b) represent all or any of the workers in any proceedings; (c) give notice of, and declare, a strike in accordance with the provisions of this chapter; and (d) nominate representatives of workers on the board of trustees of any welfare institutions or provident funds, and of the workers participation fund established under chapter XV, (e) to conduct cases on behalf of any individual worker or group of workers.

(25) The provisions of this section shall mutatis-mutandis apply to the election or determination of collective bargaining agent in group of establishments under this Act.

284. Penalty for employment of child and adolescent:

whoever employs any child or adolescent or permits any child or adolescent to work in contravention of any provision of this act; shall be punishable with fine which may extend to five thousand taka.

291. Penalty for unfair labour practices:

 (1) Whoever contravenes any provision of section 195, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand taka, or with both. (2) Any worker who contravenes any provision of section 196 shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand taka, or with both.

CHAPTER IX

 WORKING HOUR AND LEAVE

100. Daily hours:

No adult worker shall ordinarily be required or allowed to work in an establishment for more than eight hours in any day: Provided that, subject to the provisions of section 108, any such worker may work in an establishment not exceeding ten hours in any day. 101. Interval for rest or meal : Any worker in any establishment shall not be liable to work either-

(a) for more than six hours in any day unless he has been allowed an interval of at least one hour during that day for rest or meal;

 (b) for more than five hours in any one day unless he has been allowed an interval of at least half an hour during that day for rest or meal; or

(c) for more than eight hours unless he has had an interval under clause (a) or two such intervals under clause

(b) during that day for rest or meal. 102. Weekly hours :

(1) No adult worker shall ordinarily be required or allowed to work in an establishment for more than forty-eight hours in any week.

(2) Subject to the provisions of section 108, an adult worker may work for more than forty-eight hours in a week: Provided that the total hours of work of an adult worker shall not exceed sixty hours in any week and on the average fifty-six hours per week in any year: Provided further that in the case of a worker employed in an establishment which is a road transport service, the total hours or overtime work in any year shall not exceed one hundred and fifty hours. Provided further that the government, if satisfied that in public interest or in the interest of economic development such exemption or relaxation is necessary, in certain industries, by order in writing under specific terms and conditions, may relax the provision of this section or exempt, for a maximum period of six months, from the provision of this section at a time. 103. Weekly holiday: An adult worker employed in an establishment- 55 (a) which is a shop or commercial establishment, or industrial establishment, shall be allowed in each week one and half days holiday and in factory and establishment one day in a week; (b) which is a road transport service, shall be allowed in each week one day’s holiday of twenty four consecutive hours; and no deduction on account of such holidays shall be made from the wages of any such worker.

115. Casual leave:

Every worker shall be entitled to casual leave the full wages for ten days in a calendar year, and such leave shall not be accumulated and carried forward to the succeeding year: Provided that noting in this section shall apply to a worker employed in a tea plantation.

116. Sick leave:

(1) Every worker other than a newspaper worker, shall be entitled to sick leave with full wages for fourteen days in a calendar year.

(2) Every newspaper worker shall be entitled to sick leave with half wages for not less than one eighteenth of the period of services.

 (3) No such leave shall be allowed unless a registered medical practitioner appointed by the employer or, if no such medical practitioner is appointed by the employer, any other registered medical practitioner, after examination, certifies that the worker is ill and requires sick leave for cure or treatment for such period as may be specified by him.

 (4) Such leave shall not be accumulated and carried forward to the succeeding year.

176. Trade unions of workers and employers : Subject to the provisions of this Chapter,-

(a) workers, without distinction whatsoever, shall have the right to form trade union primarily for the purpose of regulating the relations between workers and employers or workers and workers and, subject to the constitution of the union concerned, to joint trade union of their own choosing;

(b) Employers, without distinction whatsoever, shall have the right form trade union primarily for the purpose of regulating the relations between employers and workers or employers and employers and, subject to the constitution of the union concerned, to join trade union of their own choosing; and

(c) Trade unions of workers and employers shall have the right to form and join federations and any such union and federation shall have the right to affiliate with any international organization and confederation of worker’s or employers’ organization.

 (d) Trade unions and employers’ associations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmers;