THE BANGLADESH LABOUR ACT, 2006, CHAPTER I

ACT NO. XLII OF 2006
[11 October, 2006]

An Act to amend and consolidate the laws relating to employment of workers, relations between workers and employers, determination of minimum rates of wages, payment of wages, compensation for injuries to workers during working hours, formation of trade unions, raising and settlement of industrial disputes, health, safety, welfare and working conditions and environment of workers and apprenticeship and matters ancillary thereto.

WHEREAS it is expedient and necessary to amend and consolidate the laws relating to employment of workers, relations between workers and employers, determination of minimum rates of wages, payment of wages, compensation for injuries to workers during working hours, formation of trade unions, raising and settlement of industrial disputes, health, safety, welfare and working conditions and environment of workers and apprenticeship and matters ancillary thereto;

It is hereby enacted as follows:—

CHAPTER I
PRELIMINARY

  1. Short title, commencement and application.—(1) This Act may be called the Bangladesh Labour Act, 2006.
  • It shall come into force at once.
  • Save as otherwise specified elsewhere in this Act, it extends to the whole of Bangladesh.
  • Notwithstanding anything contained in sub-section (3), this Act shall not apply to the following establishments or workers, namely:—
  • Government or any office under the Government;
  • security printing press;
  • ordnance factory;
  • any institution, run for treatment, care or service of the sick, disabled, aged, destitute, handicapped, orphan, abandoned woman or child or widow, but not run for profit or gain;
  • shops or stalls in any public exhibition or show established for its own requirement which deal only in retail trade;
  • shops or stalls in any public fair or bazaar established for religious or charitable purposes;
  • any educational, training or research institution^run not for any profit or gain];
  • any hostel, mess[1] [2][, hospital, clinic and diagnostic centre] run not for any profit or gain;
  • in the case of application of Chapter II, any shop or industrial or commercial establishment owned and directly operated by the Government where the workers are governed by the conduct rules applicable to the Government servants;
  • any worker whose recruitment and terms and conditions of service are governed by the Acts or rules made under article 62, 79, 113 or 133 of the Constitution, but in the case of application of Chapters XII, XIII and XIV, the workers employed in the following establishments shall not be subject to this prohibition, namely:—
  • railway department;
  • post, telegraph and telephone department;
  • roads and highways department;
  • public works department;
  • public health engineering department;
  • Bangladesh Government printing press;
  • workers employed in an establishment mentioned in clauses (b), (c),
  • , (e), (f), (g) and (h), but in the case of application of Chapters XII, XIII and XIV, the workers other than teachers, employed in any university shall not be subject to this prohibition;
  • seamen, in the cases other than the case of application of Chapters XII, XIII and XIV;
  • ocean going vessels, in the cases other than the case of the application of Chapter XVI;
  • any agricultural farm where normally less than [3][five] workers work;
  • domestic servants; and
  • any establishment run by its owner with the aid of members of his family and where no worker is employed for wages.
  1. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—
  • “retirement” means the normal termination of employment of a worker on attaining the particular age under section 28 of this Act, provided that voluntary retirement by a worker from service on completion of 25 years of service in any establishment shall also be deemed to be retirement;

(1A) “partial disablement” means, where the disablement is of a temporary nature, such disablement which reduces the earning capacity of a worker in any employment in which he was engaged at the time of the accident resulting in the disablement and where the disablement is of a permanent nature, such disablement which reduces his earning capacity in every employment which he was capable of undertaking at that time:

Provided that every injury specified in the First Schedule shall be deemed to result in permanent partial disablement;

  • “manufacturing process” means any of the following processes, namely:—
  • making, altering, repairing, ornamenting, painting, washing, finishing or fining, packing or otherwise treating any articles or substance for the purpose of its use, sale, transport, distribution, display or disposal;
  • process of pumping oil, gas, water, sewerage or any other liquid sweepings;
  • generating, transforming or transmitting power or gas;
  • constructing, reconstructing, repairing, finishing or fining or breaking up of ships or vessels; or
  • printing by letterpress, lithography, photogravure, computer, photocompose, offset or other similar process or book-binding which is carried on by way of trade or for the purpose of gain or incidental to another business so carried on;
  • “officer”, in the case of a trade union, means any member of the executive committee thereof, but does not include an auditor or legal adviser;
  • “working hour” means the time during which the workers employed are at the disposal of the employer excluding any interval allowed for rest and meals;
  • “working journalist” means a person who is a whole time journalist and who is employed as such in, or in relation to, any newspaper establishment and includes an editor, editorial writer, news editor, sub-editor, feature writer, reporter, correspondent, copy tester, cartoonist, news-photographer, calligraphist and proof reader;
  • “workshop” means any precincts or premises where any industrial process is carried on;
  • “factory” means any precincts or premises where five or more workers ordinarily work on any day of the year and in any part of which a manufacturing process is carried on, but does not include a mine;
  • “adolescent” means a person who has completed fourteenth year but has not completed eighteenth year of age;

X[(8A) ”agricultural worker” means a person who is employed in agricultural work for wages on the basis of daily, monthly or yearly contract or on a contract of doing any specific work;]

  • “mine” means any excavation where any operation is carried on for the purpose of exploration and extraction of mineral resources and includes all works, machinery, tram-ways and sidings relating thereto in the mine or adjacent to it in the underground or on the surface:

Provided that no part of a premise or precinct where a manufacturing process is carried on shall be included therein, unless such process is for producing pulp of the concerned mineral substance or for dressing the same;

2(9A) [‘subsistence allowance” means half of the basic wages, dearness allowance and adhoc or interim wages, if any;]

3[(10) “gratuity” means the wages of at least 30 (thirty) days, at the rate of the wages a worker received last, for every completed year of his service or for a period of his service exceeding 06(six) months or, in the case of his service of more than 10 (ten) years, the wages of 45 (forty five) days at the rate of the wages he received last, which is payable to such worker on the termination of his employment; this shall be in addition to any compensation, or wages or allowance in lieu of a notice, payable by an employer because of termination of employment of a worker on different grounds under this Act;]

(10A) “tea plantation” means any land used or intended to be used for growing tea, and also includes a tea factory;

  • “retrenchment” means the termination of services of workers by the employer on the ground of redundancy;
  • “public utility service” means—
  • generation, production or supply of electricity, gas, oil or water for the members of the public,
  • sewerage or sanitation system for the members of the public,

‘Clause (8A) was inserted by section 3 (a) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

  • Clause (9A) was inserted by section 3 (b) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).
  • Clause (10) was substituted bysection 3 (c) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).
  • hospital and ambulance service,
  • fire-fighting service,
  • postal, telegraph and telephone service,
  • railways, airways, road and water transport,
  • ports,
  • watch and ward staff and security service of any establishment,
  • oxygen acetylene, and
  • banking;
  • “Tribunal” means the Labour Appellate Tribunal established under this Act;
  • “transmission machinery” means any shaft, wheel, drum, pulley, system of pulleys, couplings, clutch, driving belt or any other appliance or device by which the motion of a prime mover is transmitted to or received by any machinery or plant;
  • “trade union” means the trade union of workers or employers formed and registered under Chapter XIII and includes a federation of trade unions;
  • “trade union federation” means a federation of trade unions registered under Chapter XIII;
  • “discharge” means the termination of service of a worker by the employer for reasons of physical or mental incapacity or continued ill- health;
  • “go-slow” means an organized, deliberate and intentional slowing down of normal output of work by a group of workers, and which is not due to any mechanical defect, breakdown of machinery, failure or defect in power supply or failure in the supply of ordinary materials and spare parts of machinery;
  • “day” means a period of 24 (twenty four) hours beginning at 6.00 am;
  • “Code of Civil Procedure” means the Code of Civil Procedure, 1908 (Act No. V of 1908);
  • “shop” means any premises or precincts used wholly or in part for the whole-sale or retail sale of commodities or articles either for cash or credit, or where any service is rendered to a customer, and includes an office, storeroom, godown, or workplace, whether in the same premises or elsewhere, mainly used in connection with such trade or business, and includes such other premises or precincts as the Government may, by notification in the official Gazette, declare to be a shop for the purposes of this Act;
  • “strike” means cessation of work or refusal to work jointly by a group of workers employed in any establishment or refusal to accept work or continue to work unanimously by a body of workers employed therein;
  • “seaman” means seaman of any ocean going ship, but does not include a master of a ship;
  • “executive committee”, in the case of a trade union, means a body of persons, by whatever name called, to which the management of the affairs of a trade union is entrusted by its constitution:
  • “settlement” means a settlement arrived at in the course of a conciliation proceeding, and includes an agreement between an employer and worker arrived at otherwise than conciliation proceedings, where such agreement is in writing and signed by both parties and a copy thereof is sent to the Director of Labour and the Conciliator;
  • “water-transport service” means a service carrying passengers or goods by vessels in water ways for hire or reward;
  • “vessel” means any mechanically propelled vessel used or capable of being used for the purpose of water transports and also includes a tug or flat or barge;
  • “administrative worker” means a person, except a working journalist or a newspaper printing press worker, who is employed on a whole time basis in, or in relation to, any newspaper establishment in any capacity;
  • “shift” means where work of the same kind is carried out by two or more sets of workers working during different periods of the day, each of such periods;
  • “dependant” in relation to a deceased worker, means any of the following relatives, namely:—
  • a widow, minor child, unmarried daughter or a widowed mother; and
  • if wholly or partly dependant on the earnings of the worker at the time of his death, a widower, widowed mother or father, daughter if unmarried or minor or widowed, minor brother, unmarried or widowed sister, widowed daughter-in-law, minor son of a deceased son, minor child of a deceased daughter where his father is not alive or, where no parent of the deceased worker is alive, the paternal grandparent, and illegitimate son and illegitimate unmarried daughter;

“establishment” means any shop, commercial establishment, ^transport,] industrial establishment or premises or precincts where workers are employed for the purpose of carrying on any industry;

“group of establishments” means more than one establishment in a particular area under the same or different owners, carrying on the same or identical industry;

“regulation” means regulation made under this Act;

“maternity benefit” means the sum of money payable under the provisions of Chapter IV to a woman worker with leave on the ground of her being a mother;

“prime mover” means any engine, motor or other appliance which generates or provides power;

“trained in first aid” means a person who has completed at least 06 (six) months training on first aid;]

“adult” means a person who has completed eighteenth year of age;

“Code of Criminal Procedure” means the Code of Criminal Procedure, 1898 (Act No. V of 1898);

“closed” means not open for providing service to any customer or to conduct any business;

“dismissal” means the termination of service of a worker by the employer for misconduct;

“plantation” means any area where the rubber, coffee or tea is grown and/or preserved, and includes every agriculture farm, other than experimental or research farm, employing [4] [5] [6][5 (five)] or more workers;

“commercial establishment” means an establishment in which the business of advertising, commission or forwarding is carried on or which is a commercial agency, and also includes the following establishments, namely:—

  • the clerical department of a factory or of any industrial or commercial establishment;
  • the office-establishment of a person who for the purpose of implementing a contract with any commercial or industrial establishment employs workers;
  • a unit of a joint-stock company;
  • any insurance company, banking company or bank;
  • any office of broker;
  • any stock exchange;
  • any club, hotel, restaurant or eating house;
  • any cinema or theatre;
  • any other establishment which the Government may, by notification in the official Gazette, declare to be a commercial establishment for the purpose of this Act;
  • “rules” means rules made under this Act;

![(42A) “expert” means a person who is not an employer or a worker of the establishment concerned, but includes a person who is an employer or a trade union leader of the concerned sector or who has specialized knowledge or experience of the matters relating to labour, industry and work place safety;]

  • “illegal strike” means a strike declared, commenced or continued [7] [8] [9][in contravention of]the provisions of Chapter XIV;
  • “illegal lock-out” means a lock-out declared, commenced or continued 3[in contravention of] the provisions of Chapter XIV;
  • “wages” means all remuneration, expressed in terms of money or capable of being so expressed, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a worker in respect of his employment or of work done in such employment, and includes any other additional remuneration of the nature aforesaid which would be so payable, but does not include the following money, namely:—
  • the value of any house accommodation, light, water, medical facilities or other amenity or the value of any service excluded by general or special order by the Government;
  • any subscription paid by the employer to any pension fund or provident fund;
  • any travelling allowance or the value of any travelling concession;
  • any sum paid to a worker to defray special expenses entitled to him by the nature of his employment;
  • “Arbitrator” means an Arbitrator appointed under Chapter XIV;
  • “Chief Inspector”, “Deputy Chief Inspector”, “Assistant Chief Inspector”[10][,] “Inspector” 5[and “Assistant Inspector”] means a person so appointed under Chapter XX;
  • “Director of Labour”, “Additional Director of Labour”, “Joint Director of Labour”, “Deputy Director of Labour” x[,] “Assistant Director of Labour” [11] [12][and “Labour Officer”] means a person so appointed under Chapter XX;
  • “employer”, in relation to an establishment, means any person who employs workers therein, and also includes the following persons, namely:—
  • an heir, guardian, or successor in assignment or legal representative of such person;
  • manager or any person responsible for the management or control of the establishment;
  • in the case of an establishment run by or under the authority of the Government, an authority appointed in this behalf or where no such authority exists, the head of the Ministry or Division concerned;
  • in the case of an establishment run by or on behalf of a local authority, an officer appointed in this behalf or where no such officer exists, the Chief Executive Officer of that authority;
  • in the case of any other establishment, the owner of such establishment and every Director, Manager, Secretary, agent or any officer or person concerned with the management of the affairs such establishment;
  • in the case of an establishment under the possession of any person other than the owner, the person in possession of that establishment or the person who is in ultimate control over the affairs of the establishment or the manager or any competent officer who is connected with the management of such activities;
  • “machinery” includes prime movers, transmission machinery and other appliance whereby power is generated, transformed, transmitted or applied;
  • “vehicle” means any mechanically propelled vehicle, used or capable of being used for traveling by land, water and air, and includes a trolley vehicle and a trailer;
  • “collective bargaining agent [13][CBA]” means a trade union or federation of trade unions of an establishment or group of establishments which is an agent of the workers [CBA] for collective bargaining in such establishment or group of establishments under Chapter XIII;
  • “relay” means, where work of the same kinds is carried out by two or more sets of workers working during different periods of the day, each of such sets;
  • “registered medical practitioner” means any person registered as medical practitioner under the Medical and Dental Council Act, 1980 (Act No. XVI of 1980);
  • “registered trade union” means a trade union registered under Chapter XIII;
  • “award” means the settlement of any industrial dispute or any matter relating thereto by the Arbitrator, Labour Court or the Tribunal also, and includes an interim award;
  • “lock-out” means the closing of a place of work or a part of such place, or the suspension of work therein, wholly or partly, by an employer, or refusal, absolute or conditional, by an employer to continue 1[allow to work by] any number of workers employed by him, where such closing, suspension or refusal occurs in connection with any industrial dispute or is intended for the purpose of compelling workers to accept certain terms and conditions of employment;
  • “lay-off” 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;
  • “power” means the electrical energy and any other form of energy which is mechanically transmitted and is not generated by human or animal;
  • “industry” means any business, trade, manufacture, calling, occupation, service or employment;
  • “industrial establishment” means any workshop, manufacturing process or any other establishment where any article is produced, adapted, processed or manufactured, or where the work of making, altering, repairing, ornamenting, finishing or fining or packing or otherwise treating any article or substance for the purpose of its use, transport, sale, delivery or disposal, is carried on or such other establishments as the Government may, by notification in the official Gazette, declare to be an industrial establishment for the purpose of this Act, and includes the following establishments, namely:—
  • road transport, or railway transport service,
  • river transport service,
  • air transport,
  • dock, quay or jetty,
  • mine, quarry, gas field or oil field,
  • plantation,
  • factory,
  • newspaper establishment,
  • establishment of a contractor or sub-contractor established for the purpose of construction, reconstruction, repair, alteration or demolition of any building, road, tunnel, drain, canal or bridge, ship-building, ship-breaking or loading or unloading of cargo into vessel or carrying thereof ![,]

2[(j) ship building,

(k)     Ship recycling,

  • welding,

(m)    any outsourcing company or any establishment of contractor or sub-contractor for supplying security personnel,

(n)      port; port shall mean all sea ports, river ports and land ports,

(o)      mobile separator company, mobile network service provider company and land phone operator company,

(p)      private radio, tv channel and cable operator,

(q)      real estate company, courier service and insurance company,

(r)       fertilizer and cement manufacturing company,

(s)      clinic or hospital run for profit or gain,

(t)       rice mill or chatal,

(u)      saw mill,

  • fishing trawler,

(w)     fish processing industry,

  • sea going vessel;]
  • “industrial dispute” means any dispute or difference of opinion between employers and employers, between employers and workers or between workers and workers in respect of appointment or conditions of service or conditions of work or environment of work of any person; [14] [15]
  • “child” means a person who has not completed 14th (fourteenth) years of age;
  • “Labour Court” means a Labour Court established under this Act;
  • “worker” means any person including an apprentice employed in any establishment or industry, either directly or through a contractor, 1[by whatever name he is called,] to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment are expressed or implied, but does not include a person employed mainly in a managerial, administrative 2[or supervisory] capacity;
  • “week” means a period of seven days beginning at 6.00 am on Friday or such other day as may be fixed by the Government in relation to an establishment in any area;
  • “total disablement” means such disablement, whether of a temporary or permanent nature, which incapacitates a worker for all work which he was capable of performing at the time of the accident resulting in such disablement or such worker losses working capacity due to reaction of chemical substances used in the course of work or ill health caused by contamination connected with the work:

Provided that permanent total disablement shall be deemed to result from the permanent total loss of the sight of both eyes or from any combination of injuries specified in the First Schedule where the aggregate percentage of the loss of earning capacity as specified in that Schedule against those injuries, amounts to one hundred percent;

  • “road transport service” means a service carrying passengers or goods by road in vehicles for hire or reward;
  • “newspaper” means any printed periodical publication containing general news or comments on such news, and also includes such other printed periodical publication as the Government may, by notification in the official Gazette, declare to be a newspaper;
  • “newspaper press worker” means a person who is employed on a whole-time basis in any newspaper establishment for doing any printing work; [16] [17]
  • “newspaper establishment” means an establishment for printing, production or publication of any newspaper or an establishment run by any news agency or news or feature syndicate;
  • “newspaper worker” means a working journalist, a worker working administration or a newspaper press worker;
  • “Conciliator” means a Conciliator appointed under Chapter XIV;
  • “arbitration proceedings” means any proceedings before an Arbitrator relating to arbitration;
  • “serious bodily injury” means any injury which involves or likely to be involved, in the permanent loss of the use of, or permanent injury to, any limb, or the permanent loss of, or injury to the sight or hearing, or the permanent fracture of any limb, or the enforced absence of the injured person from work for a period exceeding 20 (twenty) days;
  • “decision”, in relation to a Labour Court, means any decision or order other than an award of that Court, finally disposing of a case;
  • “scheme” means any scheme made under this Act.

[1]               The words ‘‘run not for any profit or gain’were inserted by section 2 (a) ofthe Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[2]               The commas and words ‘‘,hospital, clinic and diagnostic centre” were inserted by section 2 (b) ofthe Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[3]               The word ‘‘five” was substituted for the word “ten’ by section 2 (c) ofthe Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[4]                       The word and comma “transport,” were inserted by section 3 (d) of the Bangladesh Labour (Amendment) Act, 2013(Act No. XXX of 2013)

[5]Clause(35A) was inserted by section 3(e) of the Bangladesh Labour (Amendment) Act, 2013(Act No. XXX of 2013).

[6] The word “five” was substituted for the word “ten” by section 3(f) of the Bangladesh Labour (Amendment) Act, 2013(Act No. XXX of 2013).

Clause (42A) was inserted by section 3(g) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[8]               The words “in contravention of’ were substituted for the words “otherwise than in accordance with” by section 3(h) of the Bangladesh Labour (Amendment) Act, 2013(Act No. XXX of 2013).

[9]               The words “in contravention of’ were substituted for the words “otherwise than in accordance with” by section 3(i) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[10]             The comma “,” was substituted for the word “and” by section 3(j) ofthe Bangladesh Labour (Amendment) Act, 2013(Act No. XXX of 2013).

[11]             The comma ,” was substituted for the word “and” by section 3(k) ofthe Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[12]             The words “and labour officer were inserted by section 3(k) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[13]                     The brackets and letters “(CB A)” were inserted by section 3(d) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[14]             The comma “,” was substituted for full stop “.” by section 3(m) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[15]Sub-clauses ((j), (k), (l), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w), (x) were inserted by section 3(n) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[16]             The words and comma “by whatever name he is called,” were inserted by section 3(o) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

[17]             The words “or supervisory” were inserted by section 3(o) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).

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