Implementation of Labor Law in Bangladesh
(Introduction to Labor Law)
Labor Law
Labor law is used to denote that body of laws which deal with employment and non-employment, wages working conditions, industrial real trial relations, social security and labor welfare of industrially employed persons, industrial relations, social security and labor welfare of industrially employed persons. The origin and growth of Labor law may be ascribed mostly to the development of organized industry where a large number of workers. Including women and children are employed “under conditions which tend to be detrimental to their health, safety and welfare and against which they are often unable to protect themselves.
Object of Labor Legislation
The object of labor legislation is two-fold namely,
1) To improve the senile conditions of industrial labor so as to provide for them the ordinal amenities of life, by that process.
2) To bring about industrial peace this could in its turn accelerate productive activity of the country resulting in its prosperity.
Labor has a vital role in increasing productivity, and management has help to create conditions in which workers can make their maximum contribution towards this objective. In free India, the labor movement and the trade unions should be in a position to assume larger responsibilities. One of the main tasks in the Five –Year Plans is to evolve practical ways in which they can make increasing contribution to national development and national policy. The growth of the public sector provides opportunities for working out new concepts of labor relations and the association of labor in management of industry.
Fundamental principles
Labor legislation is based on certain fundamental principles:
1. Social justice- In an industrial set-up social justice means an equitable profits and benefits accruing from industry between industrialist workers and affording protection to the workers against harmful effect to their health, safety and morality.
2. Social equity – Another principle on which labor legislation is based on social equity. Legislation based on serial justice fixes a definite standard for adoption for the future, taking into consideration the events and circumstances is and present. But with the change of circumstances, and ideas their need for change in the law.
3. International uniformity – International uniformity is another principle on which labor law are based. The important role played by the international labor organization in the connection is praiseworthy. I.L.O is an international agency which was founded in 1419 soon after the First World War.
4. National economy – In enacting labor legislation the general economic of the country has to be borne in mind least the very objective of the legislation be defeated. The state of national economy is an important factor in influencing labor legislation in the country.
The Indian industrial landscape has changed perceptibly in the last 45 the main postulates of labor5 policy operating in the country during these years can be summed up as follows:
1) Recognition of the state, the custodian of the interest of the community, as the catalyst of ‘changes’ the programs.
2) Recognition of the right of workers to peaceful directly action if justice is denied to them.
3) Encouragement to mutual settlement, collective bargaining and voluntary arbitration.
4) Intervention by the state in favor of the weaker party to ensure fair treatment to all concerned.
5) Primacy to maintenance of industrial peace.
6) Evolving partners hip between the employer and employees in a constructive endeavor to promote the satisfaction of the economic needs of community in the best possible manner.
7) Ensuring fair wage standards and revision of social security.
8) Co-operation for augmenting production and increasing productivity.
9) Adequate enforcement of legislation.
10) Enhancing the status of the workers in the industry.
11) Tripartite consolidation
Importance’s of need for labor legislation –
Labor legislationis necessary for the following reason:
1. The individual workers are economically weak. They cannot bargain with the employers for the protection of their rights and even for subsistence wages. As such legislation for protection of labor against long hours of work, unhygienic conditions of work, low wages and exploitation is needed.
2. The workers are exposed to certain risks in factories, mines and other establishments. As such in order to make provision for their health, safety and welfare, legislation is needed.
3. In order to increase the bargaining power of labor legislation is necessary to encourage the formation of trade unions.
4. In order to avoid industrial disputes which, lead to strikes and lock-outs, labor legislation is needed.
5. To protect children and women from taking to work under hazardous conditions and at odd hours and in hazardous process, laws are necessary.
6. Laws torn providing compensation to workmen who die or arc injured during and in the course of employment are also needed.
Labor legislation advances the interests of the working people and thus helps in the development of the national economy on a sound and self-reliant basis.
(Provisions of labor law for health & wage)
Bangladesh Labor Code 2006
Introduction:
Sec-1, Short, title, commencement and application:-
This act shall be called Bangladesh Labor Act, 2006.
1. It shall come into force immediately.
2. Notwithstanding anything contained otherwise in this act, it shall be applicable to the whole of Bangladesh.
3. Notwithstanding anything (3) this Act shall not be applicable to the institutions and labors as hereafter referred to, etc-
a) Any office of the Govt. or sub-ordinate to it;
b) Security printing press
c) Military factory;
d) Any establishment which renders service for the of the sick, unable, aged distressed, unfit, deserted women or child but which does not run for any profit or gain.
e) Any such shops or stalls in which only retail selling and purchasing carried out in any open show for its own necessity.
f) Any shops or stalls established in any public fair or market which is so established for religions or charitable purpose.
g) Any educational training or research institute.
h) Any hostel or mess not moneyed for earning profit.
i) In case of application of the second chapter, any shop or industry or commercial institution under the ownership and management of the court in which the laborers are governed by the rules and conduct of the Govt. officials.
j) Any such labor whose appointment and terms and conditions of service are governed by the rules and provisions made under article 62,79,113, 133 of the constitution of Bangladesh, but in case of application of chapter twelve, thirteen and fourteen, the workers employed in the following establishment shall not be included of this restriction; namely-
I. Rail department
II. Post, telecom and telephone department,
III. Roads and highways department
IV. Public works department
V. Public health engineering department
VI. Bangladesh public
k) Any worker as referred to in clause (b), (c), (e), (f), (g), (h) & (i) but in case of application of chapter twelve, thirteen and fourteen, any worker except a teacher employed in any university shall nit be included in such restriction.
l) Except in case of application of chapter twelve, thirteen, fourteen, any sailor in case.
m) Any sea going ship except in case application of chapter sixteen.
n) Any such agricultural firm in which less than ten workers work
o) Home-workers
p) p) Any other establishment which run its employer with the assistance of his family members and in which no workers is employed for wages.
SAFETY OF HEALTH & HYGIENE
Section – 51: Cleanliness:-
Every establishment shall be kept neat and clean and shall be free from all kinds of wastages and garbage’s of any Canal, Latrine or any other type of polluted vapor and especially for:-
a) Dust and garbage’s should be removed from floor, working room stair, passage by appropriate means;
b) Every floor of working room shall be kept up asked at least for a day in a week and in case of necessity antiseptic substance should be used;
c) In case floor being wet for any manufacturing and water absorption is required, then appropriate measures should be taken for water absorption.
d) Every inner wall partition floor, stair, passage:-
1. If kept with color or burnish then every three re-color or refurnish be made.
2. in case of color or burnish and if the color space is kept smooth then within fourteen months it must be clean with the appropriate means.
3. In another case in each fourteen month, at least once white-washing or color be made and;
4. The date of completing the activities as under clause (d) shall be recorded in the register as preserved by the rules.
Section-52: Ventilation and temperature:-
- Adequate means of air passage for each working room must be made or kept.
2 .Such adequate means for keeping temperature in such room shall be maintained so that the workers can work comfortably and so that the breaking of health of the worker is prevented.
3. The roof and wall of the working room should be made in such way so that such temperature is not in creased and so for as possible it is less in quality.
4. If any establishment the nature of work is such that there is a possibility of creating high temperature in that case the source from which high temperature is related or any part of it which highly temperature shall be kept with such cover which is not convenient to circulation of temperature or to place there separately from the working room.
5. If it is deemed to the government that high temperature of any established can be possibly reduced by its wall floor on window’s white-washing by spraying or making it temperature preventive or by fling any certain or making the floor very high or by any other means reducing it then the government shall take other appropriate means for this purpose.
Section – 53: Dust and fume:-
1. If in any established the to manufacturing process any dust and smoke or other polluted substance is omitted is such a way that there is a possibility to cause injury to health of such worker on of being inconvenient, then necessary steps and must initiation be taken so that such dusts and smokes can not be and can not gathered and can not enter into the body of the workers and for this purpose. If it is necessary of machineries, then square shall be established very closely with such dust smoke or polluted substance and such place must be kept surrounded by thinks.
2. No inner word machine can be operated unless its face of vapor is outward and no such inner ward engine shall be operated in any working room unless necessary initiatives has been taken to prevent the smoke which may be injurious to health of the worker if gathered.
Section-54: Removal of wastage substance:-
Every institution should have taken necessary steps to remove the wastage substance which are created by the manufacturing process.
Section -55: Artificial humiliation:-
1. If any institution the temperature of air is humidated in artificial way then he water necessary for such purpose must be taken from the governmental water supply system or any other source of water or make purity well before using it.
- If it is deemed to any inspector that any such water for that purpose as stated under sub-section(1), the he shall, by giving written under to the owner direct to take appropriate measures and initiatives.
Section- 56: Excess gathering:-
- No excess gathering he made in any working room can be made which is injurious to the health of the worker.
- Without prejudice to the above mentioned provisions in every working room at least 9.5 cubic meter place must be allocated for each worker.
- Explanation- for the purpose of this sub-section, it the high of a room from the floor is 4.25 meter it shall not be taken into consideration.
- If the chief inspector with writer order request the owner this he shall be bound to attach a notice as to the optimum number of workers be able to work.
- The chief inspector can exempt any working room from the provision of this section if he satisfied by the reason that it is not required to follow such provisions for the maintenance of health working in such institutions.
Section -57: Provision of light:-
1. In every part of any institution where the workers work or more, adequate provision for natural or artificial light be maintained.
2. To enlighten every working room all window of glass and the windows placed in the roof shall kept neat and clean and so far as possible.
3. In every institution-
a) Any light or lightening as omitted or circulated from any transparent substance or light or
b) Any type of shadow that may create pressure upon the eye of any worker or that may create any risk of accident for any worker effective measures must be taken to prevent it.
Section-58: Drinking water:-
1. In every institution on factory necessary provision for the maintenance of drinking water must be maintained.
2. The words water of drinking water must be referred to every place of supplying water.
3. In any institution usually two hundred workers or more are engaged in working then the provision of maintenance of cold drinking water.
4. If any vacancy is created for the worker for working near the place of heat or temperature then a provision for oral dehydration therapy should be made for such worker.
Section-59: Latrines and Urinals- In every institution:-
a. Necessary number and urinating system must be maintained and managed for the workers so that they can easily manage it for their urinating process;
b. Such latrines and urinating must be maintained separately for man and woman;
c. Provision for adequate air and water for the latrines and urinating must be maintained; and
d. Such latrine and urinating place must be kept clean and hygienic with antiseptic and detergent.
Section-60: Wastage box and dustbin:-
- In every institution adequate number of wastage box and dustbin must be kept in the reasonable place and there must be kept with clean and hygienic conditions.
- No person of the premises of such institution shall throw garbage or waste except to such box dustbin on can not spite in any place of the premises.
This provision and violation of it is a punishable offence even must be stated in notice which is attached to it so that everybody can easily watch it.
SAFETY
Section-61: SAFETY OF THE BULDING AND MACHINERY-
(1) If any inspectordeems it necessary that any building or any of its part or any of its passage, machinery or plant is in such condition that it is dangerous to life or security of man then he shall by a written order direct to take the necessary steps within the specified time.
(2) If it deems to any inspector that any building or any part of such building of any factory or institution is very dangerous to life or safety of man then he shall, by written order to the owner restrict there of such building.
Section-62: Precautions about fire-
1. In every factory at least one exit way with each floor must be attached so that at the time of fire accident it can be used as a substitute way and necessary provisions for extinguishing fire should be taken.
2. If any inspector deems fit that as per sub-section (1) there is not means of exit, then he shall, by an or4der writing to the owner inform him to take the necessary steps within the stated period of time.
3. In every factory or establishment no exit way from the room shall be made under lock and key so that every man working inside it can get easily open and there type of doors, if not sliding type, shall be made in such way so that it is kept open outward or if any door is between the two rooms it must be kept open clear to the exit way and no such door shall be kept under lock and key at the working hour.
4. Every passage for exit must be used except the exit way during the time of fire accident and every such win down door or any other exit must be worked with red letters.
5. To aware or whistle the workers in each institution the provision for easily audible whistle must be maintained in for each working workers.
6. For all the workers of the factory or each institute there shall be made an exit way for all at the time of fire accident.
7. In any factory on establishment where in any above place of the grand floor ten or more workers one working or explosive or easily inflammable substance is used or is stored then the workers shall be awaking about the incident of fire and can determi9ne what they should to do at the time and so that they can take proper and full-fledged and so why necessary steps should also be taken.
8. In every factory or and establishment of hang fifty or more workers rehearshlor of extinguishing of fire shall be maintained and for this reason a record book must be preserved by the owner.
Section-63: Fencing of machinery:
(1) In every establishment the following machineries whether movable r in use, must be kept enclosed with adequate construction measure etc :
(a) every moving part of any prime over instrument and every fly-wheel attached with it;
(b) every water wheel and the month of water turbine
(c) every part of the stock-bar of the mouth of lathe machine
(d) unless the following machineries one in such a way or are made in such a way that there one kept in such so far way for the workers-
I. electric generator , motor or every part of the notary converter
II. every part of the transmission machinery
III. every dangerous part of any machinery
Provided that in order to testify what machinery is safety or not any experiment under section 64 shall not be contend.
(2) without prejudicing any provisions as to the enchasing of the machineries of this section every manning shaft spindle wheel or every set screen of pinion bolt, key and all the operating spur, and of other wheel related on friction gearing of which contact a worker is bond to come then such to make such close contact free of risk the machineries must be kept clearly surrounding and enclosed.
Section-64: Working on the above or clause to the manning machinery-
- In any case where it is necessary to experiment any part of any machinery under section 63 or for that purpose any act of making belt. It is essential the such experimentation or manning must be any man worker who is specialist in this regard and such wor4ker must weare tithtly fitted cloth or dress and his name must be recorded in the register kept for this purpose, and when such, worker is involved or engaged with this work he hall not move any belt attached to such pool unless the belt below 215 and its pair is attached with plain this.
- The government shall, by notification in the official gazette forbid any clearing, lubricating or adjusting of specific parts of machinery.
Section-67: Cover of the new machineries-
1. After the informant of this act every machinery run by power of any institution-
a) Set-crew, belt or key, or any moving sheft, spindele or pinion to be engraved, covered or place in a security measure so that any danger can be prevented.
All spur, warm and any other gear system of wheel which is not received to the place constantly, must be kept with full cover and unless it is placed in such may as it is safety if placed with cover.
Section-72: Floor stairs and means of passage-
In every institution-
a) all floors, stairs, passage shall be made well constructed and shall be preserved appropriately and in case of necessity there should be made well constructed railing;
b) In any place where any person has to work then there must be3 made a convenient place of passage so far as possible very reasonably; and
c) All floors, passage and stairs must be kept clean, inside and free from hindrances.
Section-73: Pit, sumps, opening in floors etc.-
In any case where any fixed vessel well, hole or tank are such as that it can be a cause of danger for its depth, placement, construction or for inner substance, it must be kept very well with safety fence or cover.
Section-74: Over weight:
In any institution no worker shall be allowed to carry every weight which might be injurious to his health.
Section-74: Protection of eyes-
In case of operation of manufacturing process- In case of such establishment the Government shall, by notification in the official Gazette, direct if there is the following risk to make the eyes of the worker safety to we on glass on any other cover, etc-
a) danger of eye from the omitted sparkling on any part of it;
b) Any risk of danger of eye farm heavy height or temperature.
Section-78: Explosive or inflammable gas, dust etc:
(1) In any case where any gas, pump or dust due to any manufacturing process is of such nature or quantity that there is a possibility of its explosion or enlighten in that case all out provisions should be made for prevention of explosion etc :
(a) Surrounds the plants or machinery very effectively.
(b) Preventing such type of dust, gas, smoke or vapor eviction of its preservation.
Provided that in case where any plant or machinery is placed in the open field the provisions of this sub-section shall not be applicable in that case.
(c) In any case where any plant, vessel or tank explosive or fumble substance are available no repairing or cutting can be done by using heat , unless proper appropriate means and measures have been taken such removing such substance or smoke or innumerable or unexploited elements and no such substance , shall be permitted to enter into such plant , tank unless the concerned metal prevents it from fumble position.
WELFARE MEASURES
Section-89: First-aid appliances-
1) in every establishment first-aid appliance box be kept so that it is easily available during the working hour.
2) Such number of box or algebra for any establishment having each one hundred and fifty workers shall not be less then one.
3) Every such first-aid box and admiral shall be preserved to such a responsible person who is trained up in the primary treatment facilities and who is easily available in all working time in the establishment.
4) A notice shall be attached to each working room with the name of that person and that person shall we are such a badge so that he can easily acquainted.
5) In any institution in which usually three hundred or more workers are working there must be a patient room with a dispensary specially measured and decorated with such appliances and such room shall be under the supervision of doctor and nurse as specified by rules.
Section-91: Washing facilities-
- In each institution –
a) there shall be bathing place and washing facilities for all the workers working in such institution or factory;
b) such facilities shall be provided and maintained for man and woman separately and it shall be surrounded by certain;
c) Such facilities and privileges must be kept neat and clean always and must be kept easily accessible.
- The government shall determine the standard of such facilities of any institution by rules.
Section-92: Canteen-
1. In any institution where more then one hundred workers are employed shall have sufficient number of canteens-
2. The Government shall by rules-
a) determine the standard of construction of any canteen, placement, furniture and other appliances;
b) From a management commentator the canteen and shall also make provisions for the representative of the workers.
- What type of dishes shall be supplied and what will be its price be determined by its management committee.
Section-93: Rest house etc:
- In any institution where usually more than fifty workers are employed shall have adequate number of rest house and its proper management and shall be maintained a diving room with adequate drinkable water so that the workers can get their meals easily and comfortably :
- Provided that any canteen as preserved under section 92 shall be considered a part of the management:
- Provided further that in any institution where is main tenancy of any diving room the workers shall not be entitled to have their meal.
- Such rest house and diving room must be lighted sufficiently and air regulated and shall be preserved and maintained with cleanliness and tolerable temperature.
- Where in any establishment more than 25 workers are working there shall be maintained separate rest room for male and female and where in any establishment less than 25 workers are employed a separate place with certain must be preserved for the women in the rest room.
Working Hour & Leave
Section-100: Daily working hour:
No adult worker shall work in any institution for more than eight weeks or shall not be caused him to work for more than that period.
Provided that subject to the provisions worker can work for more than ten hours daily.
Section-101: Interval for rest or merely worker in any institution:
(a) shall be bound to work for more than six hours unless he is given interval of an hour to take rest or meal.
(b) Shall not be bound to work more than five hours unless he is given an interval of an half an hour or
(c) Shall not be bound to work more than eight hours unless he is given an interval under clause (a) or two intervals under clause (b).
Section-103: Weekly holidays any working labor in any institution shall:
(a) Get one and half of a day of leave in a week in any shop, trade on industrial establishment and one day sleeve in case of factory and establishment.
(b) In case of road transport establishment in every week get a leave of 24 hours and no deduction shall be made from salary for such leave.
Section-106: Night shift:
In any establishment where any shift of working extended bound the night period in that case-
(a) the worker a holiday of a full day shall never the subsequently full twenty four hours and
(b) the subsequent day for him shall near the following incessant the out fours the hours for which he has worked shall be contend with the previous working days.
Section-108: Additional remuneration for extra working hour-
(1) In any case when any worker works in any establishment in a week or day shall set the double amend of basic wage and remuneration and adhoc or interim wages if any.
(2) In any case where any worker is given a salary on the contractual basis then the owner shall determine the equal rate of earning so far as possible very reasonably and such determined rate of wage shall be considered a common wage rate for the worker.
(3) To ensure the compliance of this section the government shall determine any resolvable register by the rules.
Section-115: Daily leave:
Every worker shall be able to get daily leave of ten days with full wages and salary and if he does not enjoy such type of notice it shall not be suspended stored and shall not be enjoyed in the subsequent year.
Provided further that nothing of this section shall be applicable to any worker of a tea garden.
Section-116: Sick leave:
(1) Except the newspaper workers every worker shall be able to get 14 day’s sick leave with full salary in every calendar year.
(2) Every newspaper worker shall be entitled to get a leave of one eight of the whole working period.
(3) Such leave shall not be granted if any registered doctor nominated by the owner on his absent by any doctor unless it is certified that the concerned worker is sick and for his sickness and recovers and recovery such type of leave on holidays one essential.
(4) Such type of leave shall not be restored and shall not be enjoyable in the following year if it is not enjoyed in the concerned year.
Section – 117: Annual leave with holidays:
(1) Any worker who has worked regularly for a period of one year shall get leave with wages for the period of subsequent 12 months as conciliated in the following ways-
(a) One day for each 18 days in any shop or trade or industrial establishment or in any road transport institution.
(b) For each twenty two days one day leave of any tea garden worker.
(c) For each eleven days one day leave for any newspaper worker.
(2) Any an adult worker has done work in any establishment for a period of one year con
Section-119: Calculation and payment of wages in leave in closing days:
(1) The workers to whom any wage are paid for the days of granted leave that days shall be the days in the prior months that remuneration which has been paid except bonus his full time wages and honorim and adhoc or interim wages if any be daily average :
Provided that if any worker is entitled to set any cash-in-hand in lieu of food grains then it shall be added with his wages.
(2) If any worker is granted a leave of at least four days to any adult worker and to any unduly worker at last five day’s leave is granted at a time so far as possible, he granted leave before starting his leave.
Wages and its Payments
Section-120: Special definition of wages:
The meaning of wages shall be the same as referred in section 2(45) including the following claims, such as-
- Any bonus or other additional remuneration of the nature so payable in respect of condition of employment;
- Any remuneration payable for holiday, vacation or excess time
- Any remuneration payable under the order of the court or any award between the parties or under any settlement (compromise);
- Any money payable under the contract after the expiry of job or any other payment under this act but it is referable that suit can be brought under this act if no such payment is made during the time.
Section-122: Fixation of Wage periods:
- Every person responsible for the payment of wages shall fix the periods in respect of which such wages shall be payable.
- No wage-period shall exceed one month.
Section-123: Time of payment of wages:-
- The wages payable to a worker for wage period shall be paid within the subsequent seven working days after the end of the service period.
- Where the employment of a worker is terminated by revilement or terminated by any other cause, the wages earned by the worker shall be paid all wages within the next seven working days from the date of termination of the service.
- All payments of wages shall be made on a working day.
Section-124: Wages to be paid in current coin or currency notes
All wages shall be paid in current coin or currency note or bank cheque.
Section-125: Deduction which may be made from wages
1. Nothing shall be deducted from the wages of a worker except those authorized by or under the act. Deduction of any kind shall not be made from wages.
2. Deductions which may be made from the wages of a worker only in accordance with the provisions and such of this act, and may be of the following kinds only, namely-
a) Fines
b) Deductions from unauthorized absence from duty;
c) deductions for damages 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 damages or loss is directly attributable to his neglect or default;
d) Deductions for house accommodation supplied by the employer;
e) Except the supply of raw materials and tools required for the purposes of employment, deduction for such amenities or services as authorized by the government and supplied by the employer;
f) Deductions for recovery of advances or adjustment for over payments of wages
g) Deductions of income-tax payable by the worker;
h) Deductions required to be made by the order of a court or the other authority complement to make such order;
i) Deductions for subscriptions to and for repayment of advances any provident fund to which the Provident Fund Act 1925 applies or any other recognized provident fund as defined in Income-Tax
Worker’s Compensation For
Injury by accident
Section-150: Employers liability for compensation:
1) If personal injury is caused to a workman by accident arising out of and in course of his employment, his employer shall be liable to pay the compensation in accordance with the provisions of this chapter.
2) Provided that the employers shall not be liable-
a) In respect of any injury which doesn’t result in the total or partial disablement of the workman for a period exceeding three days.
b) In respect of any injury, not resulting in death, caused by an accident which directly attributable to-
I. The workman having been at the time thereof under the influence of drinks or drugs; or
II. The wistful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of workman, or
III. The wistful removal or disregard by the workman of any safety guard or other device which he knew to have been provided for the purpose securing the safety of workmen.
3) If-
a) any worker employed in any employment specified in part A of schedule 3 contracts any disease specified therein as an occupational disease peculiar to that of employments; or
b) Any worker whilst in the service of an employer in whose service he has been employed for a continuous period of not less than six month in any employment specified in part B of schedule 3 contract any disease specified therein as an occupational disease peculiar to that employment he contracting of the disease shall be deemed to be an injury by accident within the meaning of this section and, unless the employer proves the contrary, the accident shall be deemed to have arisen out of and in the course of the employment.
(Implementation of labor law in Hazaribag tannery)
Tanneries of Hazaribag
Until 1960 there was a little tannery in Bangladesh. In the 1970s the leather industry grows rapidly in this country. Now there are more than 500 tanneries in Bangladesh. In this tannery industries there are 30000 or some more are working. About 90% of the tanneries are situated in the Hazaribag. There at least 20000 workers are servicing here. To protect their rights there are some law in Bangladesh. But the law is not maintained properly. The authority is fully unconscious about it. As a result, the situations of the workers are in immeasurable situation. To report on the worker, we have gone to the Hazaribag. But we are totally disappointed to see the conditions of the labors. There the age of the workers is between 9-60. Child labor is very acute in these industries.
Their job consists of all the work related to leather processing. The works are collecting the leather, cleaning the dust and hair over the leather using the chemical , washing the leather ,cutting the leather, coloring the leather and making the leather suitable for preparing shoes and other leather related goods. The condition of the working place is not hygienic for the worker .There are dust and filth around everywhere and the condition of the building is bad. There is no place where the worker can take rest or eat the tiffin or do their religions work. The condition of the wall is torn and old. There is no dustbin and safe water for drinking. Most of the time the workers work with bear feet when thy clean dirt, bloods and chemicals which causes various diseases. Jaundice, nausea and headache are another common sickness among them.
The working hour varies from tannery to tannery. The common working hour is 8 a.m.-8 p.m.. Sometimes the working hour depends on the load of work .If the working load is high ,the working hour increase. If there is less working load the common working hour is maintained. The worker does not get enough leave .There is no payment-leaves. Some worker get weekly holiday of one day and no additional leave for government holiday. They get occasional leave of 3 day in two Eid and the money is cut from their salary .Some worker don’t get any weekly holiday but only get occasional leave for 3 day.
Implementation of safety of
Health & hygiene provisions in tannery
Cleanliness:
According to section 51 every establishment shall be kept neat and clean. But in the tanneries there is no cleanliness. There exists very bad & poisonous situation. Very bad smells are also got from nearby the Hazaribagh like Rayerbazar, Jhigatola and parts of Dhanmondi. There is dust & garbage anywhere in the tannery.
Ventilation & Temperature:
There is no adequate means of air passage in the working room. As a result the worker can’t work comfortably. Here temperature is also high. So it becomes impossible for the worker to do easily. Covered by high walls which have not proper ventilation system, the air inside the factories is with fumes, heat. Very bad scent is available inside the factories.
Removal of wastage substances:
There is no step for removing the wastage substances which are crated by manufacturing process of leather industries. Vast amounts of dyes, pigment & chemical are used everyday. Tanneries in the city’s Hazaribagh area discharge some 21,600 square meters of liquid wastes everyday. These harmful wastes, including chromium, lead, sulphur, ammonium, salt and other materials. But there is no disposal system for the wastage.
Excess Gathering:
There is excess gathering in every tannery. There is no adequate space for the workers. As a result they have to work in a narrow space.
Lighting System:
In the daytime there is moderate lighting system in the tannery. But the tannery workers have to work in the evening even at the night. In this case there is no proper lighting system for the workers. As a result the workers may have accident.
Drinking water
There is no maintenance for drinking water for the workers in tannery. Otherwise the labors live in the slums of the Hazaribag. There is no system for the drinking water in the living place. As a result the labors often suffer from the disease of diarrhea, dysentery, cholera etc. Sometimes the diseases turn into epidemic.
Latrines & Urinals:
There is no proper latrines & urinals system for the tannery workers. Most of the tanneries are located by the Buriganga. So the latrines systems are connected with the river. As a result the river are being polluted tremendously which cause a great threat for the environment.
Wastage box & dustbin:
According to Section-60, every institution should have adequate number of wastage box and dustbin system. But there is no system for the dustbin. All of wastage and chemicals of the tanneries are thrown in the nearby canals. As a result, the surroundings are polluted highly.
Implementation of Safety
Safety of the building and the machinery:
From visiting the tanneries it has seen that some building and machinery are in very dangerous situation which cause threat to the life or security of the workers. The authority has no tension about the repairmen of these buildings. But it is not same in all the tanneries.
Precautions about Fire:
According to Section-62, every factory must have one exit way with each floor so that at the time of fire accident it can be used as a substitute way. But almost all of tanneries are not conscious about this. There is no construction system for escaping from the fire. There is no training system for the labors as well as to prevent fire or to escape from fire.
Floors, stairs and means of passage:
The floors, stairs, and passage are not well constructed. These places are not convenient enough for working. In some tanneries it has been seen that the stairs are broken. The authority is not careful for repairing this.
Inflammable gas, dust:
About 3000 tons of sodium sulfide and nearly 3000 tons of basic chromium sulfate are used each year for leather processing and tanning. The other chemicals used in the tanning industry are non-ionic wetting agents, bactericides, soda ash, calcium oxide, ammonium sulfate, ammonium chloride, enzymes, sodium bisulfate, sodiumchlorite, sodium hypochlorite, sodium chloride, sulfuric acid, formic acid, sodium formate, sodium bicarbonate, vegetable tannins, syntans, resins, polyurethane, dyes, fatemulsions, pigments, binders, waxes, lacquers and formaldehyde. But there is no proper and appropriate means and measures for removing such substances.
Dangerous Operation:
About 30% tanneries use these safety equipments for their workers and others don’t pay attention. It is very important to use masks, safety goggles, special suits, gloves and special shoes to save themselves from the hazardous effect of toxic chemicals. Most of the time the workers work with bare feet when they clean dirt, bloods and chemicals which causes various diseases. Jaundice, nausea and headache are another common sickness among them.
Notice as to any accident:
In the most cases if any accident is taken place in the tannery, the authority don’t take any responsibilities. Though they promise to help in the case of treatment, they don’t keep it.
Implementation of Welfare Measures
First-aid appliances:
According to the Section-89 every establishment first-aid appliance box must be kept so that it is easily available during the working hour. But there is no system for first-aid in almost all of the tanneries.
Washing Facilities:
There is no proper bathing place or washing facilities for the labors of these tanneries. They take their bath and washing in the polluted canal or river. As a result, they are affected through serious diseases.
Canteen:
In some tanneries there are canteens for the labors. But the canteens don’t supply hygienic food for the labors. In most of the cases it is seen that the labor brings food from the house.
Rest House:
There is no system for rest house in this tanneries. Actually the workers never have any time for rest. The authority always compels the labor to work for a long time without any rest. Sometime they have to do overtime and obviously without any rest
Implementation of Working Hour & Leave
Daily working hour
In the tanneries every worker has to work for at least 12 hours a day. But law doesn’t support it. In the law it is said that all the workers mustn’t work more then 8 hours. Comparing with the law the time is huge.
Interval for rest:
Between the work time the tannery labor are given only 20 minutes interval in the whole working hour, which is totally contradiction of law. This interval is often for 1 time.
Weekly work hour:
According to law any adult worker shouldn’t work more than 48 hours. But in the tanneries every labors do for about 84 hours which will be increased if overtime will be added.
Weekly holydays:
There are no weekly holidays for the labors working in the tanneries which are very harmful and measurable for any man. The workers have to work in the 7 days of the week without any holiday.
Additional remuneration:
When any worker works for the extra hour, the workers are paid additional remuneration. But the salary is so small. Sometime the salary for the overtime is paid in equity of the main salary.
Daily leave:
In the tannery every worker have at least 5 days leave in the year. But according to law it is regarded that every labor must be given at least 10 days leave in a year.
Sick leave:
Tannery workers always suffer from various kinds of fatal diseases like allergy, fever, skin diseases, chest pain, respiratory diseases and even cancer. But they never have any sick leave. If they take leave from the works , there cause deprivation of salary of that day.
Annual leave:
Any worker who has worked cause quaintly for a period of one year shall get leave with wages for the period of subsequent twelve month as consolidated one day leave for each fourteen days in the tannery industry. But in real situation it has seen that the workers are always deprived of this leave. They never have any annual leave with salary.
Festival leave:
In each calendar year a worker must have 11 days with wage. But the workers never have any festive holiday without two days for two Eid festivals.
Payment of wages in leave on closing days:
In the tannery industries, labors are paid for the leaving from works on the closing days though it was not sufficient. Actually they are not given any extra leave without the festive leave.
Implementation of Wages and its Payments
Special wages:
Without the main salaries the labors are also paid special wages in various situations. They are paid bonus in two Eid festivals. In addition they are also paid fees for termination of employment after a certain period.
Fixation of wage-period:
In the tannery, most of the labors are paid weekly remuneration. But some upper class labors e.g. supervisors are given monthly wages.
Time of payment of wages:
The wages payable to a worker for wages period shall be paid within the subsequent seven working days after the end of the service period. But it is seen that the wages are not paid in the fixed time. Sometimes it is seen that the wages are not paid in three or four months rather then in seven days.
Currency for wages:
It is convenient for the workers that the wages are paid in the currency of Bangladesh. It is always seen that they are never given cheque but in coin.
Deduction from wages:
In the tannery Industries there are some deduction from the wages of the labors. The deductions are such as fine for unauthorized absence from duty, loss of goods, loss of money, recovery of advances etc.
Implementation of worker’s compensation for injury by accident
Employers Liability for Compensation:
If personal injury is caused to a workman by accident arising out of and in course of employment, his employer shall be liable to pay the compensation. But in most of the cases it is experienced that the employer are reluctant to compensate the accident. Even they never arrange for treatment.
Amount of Compensation:
In the tannery industries, compensations are not given in most of the cases. But in case of death or total disablement they are paid monetary compensation which is very neglect able.
Conclusion:
In spite of having proper and adequate law for the labor in the tannery the laws are not implemented properly. The authority is not conscious about this law. The most important matter is that the labors are not conscious of their right. They have no knowledge about the law. The trade union is not aware of the fact. They don’t think of the problems of the labor. The Government has no monitoring cell to implement the law. In this case the labors are in immeasurable situation. So, the Government should take steps for solving the problems.
They should arrange monitoring cell to implement the laws strictly. They should make it compulsory to train the labors about their work for the authority. Moreover the authority will come to front to solve the problem of the workers willingly. At last the labor must be conscious about their rights.
Bibliography
1. Bangladesh Labor Code, 2006
-by Principal Md. Altaf Hossain
4. Daily Star