(Course Code: 4400)
NORTHERN UNIVERSITY, BANGLADESH.
Final Semester, Dept of Law.
Northern University, Bangladesh.
Submitted Date: 24/12/2009
Northern University, Bangladesh.
Subject: Letter of Transmittal.
It is a gratification for me to submit the research on ILO Convention in the eye of Labor Code, 2006. While doing this research, I have tried my level best to make this project paper to required standard. I hope that this paper will fulfill your expectation and make you happy. I hope that you would be kind enough to go through this paper for evaluation.
I am always available for any clarification of any part of this paper at your convenience.
Final Semester, Dept of Law.
Northern University, Bangladesh.
Firstly I offer millions of heartfelt thanks to almighty Allah, who has given me strength to complete of this Research Monograph successfully. I would especially like to thank Pro. Dr. A .W. M. Abdul Huq. Dean Faculty of Law, NORTHERN UNIVERSITY, BANGLADESH. I am grateful to my Course Supervisor, Pro. Dr. A .W. M. Abdul Huq who has given proper guideline to complete this work.
I am grateful to my friends and classmates for their assistance and encouragement in writing, proof reading, printing and publishing the Research Monograph. My special thankfulness to honorable Teacher Mr.S.M.Masum Billah and Mr. Syed Sarfaraj Hamid (Shovon) for their precious consultation.
I am grateful to my trusted, reliable and faithful friends, who have assisted in preparing the research by giving company and inspiration. Particularly,Md.Amzad Hossain,Mr.Bitu,Mr.Fazlay Rabbi,Mr.A.M.Sarwar who helped me in various ways.
I always use the Library and Computer Lab of Northern University to complete my Research. So I express my heartfelt gratitude to all librarians. Specially I am very grateful and thankfulness to Md.Alomgir Hossain, he was help me all of the time and service all of my necessary books.
In the name of Allah, the beneficent, the merciful. This Research Monograph is submitted in partial fulfillment of the requirements for the degree of Bachelor of Laws. I have chosen this topic for research due to my keen interest and strong curiosity regarding this topic. I am a student having no practical experience as to the matter but which I have earned from my honorable faculty members. So, I do not have minimum quality to comment on anything about this matter.
For the study I have gone through and predominantly depended on the book on this subject. Very few comments that I have made are based on the commentaries of jurists and author of the books. Throughout the whole study it was earnest desire not to make any comment as such.
In writing this research paper I have taken help from many books. I have freely used these books on Constitutional law of Bangladesh by Mahmudul Islam, Senior Advocate, Supreme Court Bangladesh, and The Constitution of the Peoples Republic of Bangladesh. I am grateful to the learned authors and to the editors of these books.
Being aware of my limitations, timidly I broached this subject with my faculty members and especially with the course teacher. I am grateful to all of my learned faculty members to discuss the complicated issues with me and give valuable suggestions and advice. To what extent I am successful in that effort is left to everybody concerned.
List of abbreviations used in research:
AIDS= Acquired Immune Deficiency Syndrome.
BLD=Bangladesh Legal Decisions.
BLL= 2006 Bangladesh Labor Law 2006.
BSCI =Business Social Compliance Initiative
CBA= Collective Bargaining Agreement
DLR= Dhaka Law Reports.
ETI= Ethical Trading Initiative
FLA= Fair Labor Association
FWF= Fair Wear Foundation
HIV= Human Immunodeficiency Virus.
ILO= International Labor Organization
JO-IN =Joint Initiative on Corporate Accountability and Workers’ Rights
NGO= Non Governmental Organization.
RMG =Ready-made garment
SAI= Social Accountability Int. SA 8000
UDHR= Universal Declaration of Human Rights.
UN= United Nation.
WHO= World Health Organization
WRAP= Worldwide Responsible Apparel Production
In this research, I discuss the current information-legal practice and future plan for ILO Convention in the eye of Labor Code, 2006 Bangladesh which is the importance to develop the country. In Bangladesh set up independent statutory offices – ombudspersons, commissions and other institutions – to promote ILO. Lobby and monitor the implementation of government’s.
(1.2) Aim and Object of the study:
The ILO Convention in the eye of Labor Code, 2006 of Bangladesh have the following objectives:
- To know about ILO Convention.
- To know the present situation ILO Convention in Bangladesh.
- To know the relating International law in a view of Labor Code, 2006 in Bangladesh.
- To know the personal laws relating to ILO Convention.
- To know the problems of ILO Convention and the way how overcome ILO Convention problems.
- To create Knowledge about the ILO Convention.
- Develop a comprehensive national agenda for ILO Convention.
- Involve civil society – including ILO themselves – in the process of implementing and raising awareness of Labor Code, 2006 of Bangladesh.
- Set up independent statutory offices – ombudspersons, commissions and other institutions – to promote ILO.
- Seek new ways for establishing the rights of the Labor within the context of ILO;
- Advocate and monitor implement of all international conventions and standards which contribute to the elimination of worst form of child labor.
- Institutionalize Labor’s participation as enshrined in the ILO, making labor as partners in the Labor Code networks and programs and establishing parliament for labor.
- Promote protection and participation of labor;
- Eliminate gender discrimination and Development;
- Promote the provision of equal access to the basic services including adequate recreational facilities;
- Promote a pollution free environment;
Methodology is very important for any research. Without adopting any methods, it is difficult to contribution. As a necessary to optimum methods to create anything. The optimum outcome of the research depends largely on the adopting of the proper methods related to the topics in the field of the proper investigation and sufficient care. When I prepared this research I followed the some methods i.e. historical method, statistical method, survey method, case study method, sufficient care method etc. respectively where it is applicable. The techniques of data collection followed in this research are interviewing, questionnaire, uses of documents sources. I also helped in my teachers, friends and different website collecting the topic related information and statistic.
(1.4) Limitation of the study:
Time limit is one of the most important limitations of the study. Because this type of work is not easy. So this research monograph in not the exception of this limitation and limitations reduced the scope of the study in some changes. The main limitation of the study is the time binding’s work. The time is not enough for the study. Another limitation is the lack of sufficient materials.
The International Labor Organization (ILO) is a specialized agency of the United Nations that deals with labor issues. Its headquarters are in Geneva, Switzerland. Its secretariat — the people who are employed by it throughout the world — is known as the International Labor Office. The organization received the Nobel Peace Prize in 1969.
The ILO formulates international labor standards in the form of Conventions and Recommendations setting minimum standards of basic labor rights: freedom of association, the right to organize, collective bargaining, abolition of forced labor, equality of opportunity and treatment, and other standards regulating conditions across the entire spectrum of work related issues.
It provides technical assistance primarily in the fields of: Vocational training and vocational rehabilitation;
- Employment policy
- Labor administration
- Labor law and industrial relations;
- Working conditions;
- Management development;
- Social security;
- Labor statistics and occupational safety and health.
Labor Law regulates matters, such as, labor employment, remunerations, and conditions of work, trade unions, and labor management relations. They also include social laws regulating such aspects as compensation for accident caused to a worker at work, fixation of minimum wages, maternity benefits, sharing of the company's profit by the workers, and so on. Most of these legal instruments regulate rights and responsibilities of the working people.
With the growth and expansion of factories and industries in the subcontinent beginning in the mid-nineteenth century, new avenues for employment were created, resulting in a gradual migration of the labor force from rural areas to mills and factories located primarily in urban areas.
At that time, in the absence of any state control or organization of the workers, the employers were less concerned about the needs of their employees; the work hours were too long, wages much below the subsistence level, and the workers' employment conditions were unsatisfactory. The situation led to the enactment of a number of legislations beginning from the year 1881. These include, inter alia, the Factories Act (1881), Workmen's Compensation Act (1923), Trade Unions Act (1926), Trade Disputes Act (1929), Payment of Wages Act (1936), Maternity Benefit Act (1939), and the Employment of Children Act (1938). After 1947, the government in Pakistan decided to keep in force most of the pre-partition laws with some modifications and amendments thereof, in the form of administrative rules, to meet the changing needs. Almost the same governmental decision to allow most of these laws to remain in force were taken in liberated Bangladesh in pursuance of the Adaptation of Bangladesh Laws Order (President's Order No. 48) issued in early 1972. Following is a brief description of the acts, ordinances, rules and regulations that comprise the labor and industrial legislation of Bangladesh.
Definition and Introductory chapter
(2.1) Definition of Labor:
A social class comprising those who do manual labor or work for wages; "there is a shortage of skilled labor in this field" productive work (especially physical work done for wages); "his labor did not require a great deal of skill"
Parturiency: concluding state of pregnancy; from the onset of contractions to the birth of a child; "she was in labor for six hours" labor movement: an organized attempt by workers to improve their status by united action (particularly via labor unions) or the leaders of this movement
Tug: strive and make an effort to reach a goal; "She tugged for years to make a decent living"; "We have to push a little to make the deadline!"; "She is driving away at her doctoral thesis"
British Labor Party: a political party formed in Great Britain in 1900; characterized by the promotion of labor's interests and formerly the socialization of key industries work hard; "She was digging away at her math homework"; "Lexicographers drudge all day long" Department of Labor: the federal department responsible for promoting the working conditions of wage earners in the United States; created in 1913 undergo the efforts of childbirth undertaking: any piece of work that is undertaken or attempted; "he prepared for great undertakings"
(2.2) History of the ILO Convention:
The ILO was established as an agency of the League of Nations in the Treaty of Versailles, which ended World War I.
Post-war reconstruction and the protection of labor unions occupied the attention of many nations during and immediately after World War I. In Great Britain, the Whitley Commission, a subcommittee of the Reconstruction Commission, recommended in its July 1918 Final Report that "industrial councils" be established throughout the world. The British Labor Party had issued its own reconstruction programmed in the document titled Labor and the New Social Order. In February 1918, the third Inter-Allied Labor and Socialist Conference (representing delegates from Great Britain, France, Belgium and Italy) issued its report, advocating an international labor rights body, an end to secret diplomacy, and other goals. And in December 1918, the American Federation of Labor (AFL) issued its own distinctively apolitical report, which called for the achievement of numerous incremental improvements via the collective bargaining process.
As the war drew to a close, two competing visions for the post-war world emerged. The first was offered by the International Federation of Trade Unions (IFTU), which called for a meeting in Berne in July 1919. The Berne meeting would consider both the future of the IFTU and the various proposals which had been made in the previous few years. The IFTU also proposed including delegates from the Central Powers as equals. Samuel Gompers, president of the AFL, boycotted the meeting, wanting the Central Powers delegates in a subservient role as an admission of guilt for their countries' role in the bringing about war. Instead, Gompers favored a meeting in Paris which would only consider President Woodrow Wilson's Fourteen Points as a platform. Despite the American boycott, the Berne meeting went ahead as scheduled. In its final report, the Berne Conference demanded an end to wage labor and the establishment of socialism. If these ends could not be immediately achieved, then an international body attached to the League of Nations should enact and enforce legislation to protect workers and trade unions.
Meanwhile, the Paris Peace Conference sought to dampen public support for communism. Subsequently, the Allied Powers agreed that clauses should be inserted into the emerging peace treaty protecting labor unions and workers' rights, and that an international labor body be established to help guide international labor relations in the future. The advisory Commission on International Labor Legislation was established by the Peace Conference to draft these proposals. The Commission met for the first time on February 1, 1919, and Gompers was elected chairman. Two competing proposals for an international body emerged during the Commission's meetings. The British proposed establishing an international parliament to enact labor laws which each member of the League would be required to implement. Each nation would have two delegates to the parliament, one each from labor and management. An international labor office would collect statistics on labor issues and enforce the new international laws. Philosophically opposed to the concept of an international parliament and convinced that international standards would lower the few protections achieved in the United States, Gompers proposed that the international labour body be authorized only to make recommendations, and that enforcement be left up to the League of Nations. Despite vigorous opposition from the British, the American proposal was adopted. Gompers also set the agenda for the draft charter protecting workers' rights. The Americans made 10 proposals. Three were adopted without change: That labour should not be treated as a commodity; that all workers had the right to a wage sufficient to live on; and that women should receive equal pay for equal work. A proposal protecting the freedom of speech, press, assembly, and association was amended to include only freedom of association. A proposed ban on the international shipment of goods made by children under the age of 16 was amended to ban goods made by children under the age of 14. A proposal to require an eight-hour work day was amended to require the eight-hour work day or the 40-hour work week (an exception was made for countries where productivity was low). Four other American proposals were rejected. Meanwhile, international delegates proposed three additional clauses, which were adopted: One or more days for weekly rest; equality of laws for foreign workers; and regular and frequent inspection of factory conditions. The Commission issued its final report on March 4, 1919, and the Peace Conference adopted it without amendment on April 11. The report became Part XIII of the Treaty of Versailles.
The ILO became a member of the United Nations system after the demise of the League in 1946. Its constitution, as amended, includes the Declaration of Philadelphia (1944) on the aims and purposes of the organization. Its director-general is Juan Soma via (since 1999).
(2.3) Establishments of ILO Convention:
Establishments: The Factories Act 1881 is the basis of all labour and industrial laws of the country. It contained provisions even for hours of work of women and workers including that of minimum age for employment of children. After the International Labor Organization (ILO) was formed in 1919, this Act was amended and thereafter repealed, resulting in the promulgation of the Factories Act 1934, which remained in force till 1965, when the Factories Act 1965 was promulgated incorporating some provisions of the ILO conventions. The Act of 1965 applies to manufacturing establishments employing ten or more persons with or without the aid of any mechanical power. It makes provision for safety, health and hygiene of the workers and special provision for women and juvenile workers. It also prohibits child labor. It limits work of a child in factories, including the seasonal ones. For extra work by a worker beyond normal hours, payment is to be made at double the ordinary wage. The periods of adult workers shall be so fixed that either no worker shall work for more than six hours continuously before he has had an interval (for rest) of at least one hour, or for more than five hours without a rest interval of at least half an hour or for more. The periods of work along with rest interval shall spread over more than ten and a half hours in perennial factories and eleven and a half hours in seasonal factories. One weekly holiday is to be granted to all workers. The act also provides for leaves and holidays.
The workers to whom the Factories Act of 1965 does not apply are covered by the Shops and Establishment Act 1965. It also makes provision for cleanliness, fixes working hours, extra payment for overtime work, and special provision for women and juvenile workers. Children workers under the age of 12 cannot be employed under this Act. More specifically, under this Act the working hours in shops or commercial or industrial establishments or establishments for public entertainment/amusement are limited to nine per day and fifty one per week. Overtime work up to one hundred and twenty hours in a year is permissible which is to be paid for at double the ordinary rates. No worker is to work for more than five hours in a day without a rest interval. The Act provides for one and a half-holiday with pay each week.
Under the Mines Act 1923 which applies to workers employed in mines, the hours of work for persons employed on surface are limited to ten per day and fifty four per week. The periods of work including rest interval shall not spread over more than 12 hours in any day. For workers employed underground, the daily limit is nine hours per day. The Act does not contain provisions as to overtime work. No worker is to work in a mine for more than six days a week. The Act does not provide for wages for the weekly rest day.
Under the Motor Vehicles Ordinance of 1983, the hours of work of drivers of motor vehicle are limited to fifty-four hours a week and nine hours a day. Exceptions may be granted in certain cases. A rest interval of at least half-an-hour is prescribed for five hours of work. Further conditions of service for workers employed in road transport service are included in the Road Transport Ordinance, 1961, supplemented by those in the Road Transport Rules, 1962. It contains provision for age limit of workers, hours of work and rest, leave and other service conditions. Under this Ordinance no person, other than a driver, can be employed in any road transport service unless he has attained the age of eighteen years, and in the case of a driver minimum age has been fixed at twenty-one years. The Merchant Shipping Ordinance, 1983 and Inland Water Transport (Control of Employment) Act, 1992 contain provisions for service conditions of the workers engaged in water transport services.
Under chapter VIA of the Railways Act of 1890, the railway workers are classified into two categories, continuous, and essentially intermittent. The workers of the former category may be employed for up to eight hours a day and are granted with pay each week a rest of not less than twenty-four consecutive hours. Payment for overtime is 125% of the ordinary rates.
For air transport workers, there are no special laws. Their services are guided by the provisions of the Employment of Labor (Standing Orders) Act, 1965 and in accordance with service rules framed there under.
Holidays: The Weekly Holidays Act of 1942 prescribes one paid holiday a week for persons employed in any shop, restaurant or theatre (excepting those employed in a confidential capacity or in a position of management). The government is empowered to grant additional half-day holiday with pay in a week. Under the Factories Act, 1965 workers employed in factories are entitled after one year of service to ten consecutive paid holidays in the case of adults and fourteen in the case of children. Workers in mines are not entitled to annual holidays.
Plantation workers are given least annual leave. An adult worker earns one day leave for every 30 days of work performed. Young persons earn one day's leave for every 20-day work. Plantation workers are entitled to only 5 festival holidays in a year. They get sick leave of 15 days with half-average pay. No casual leave with wages is granted to them. Road transport workers are entitled to one day annual leave for 22 days of work. They are entitled to 10 days casual leave and 14 days sick leave. No provision for festival leave is there in the Road Transport Workers Ordinance of 1961.
The Industrial Relations Ordinance of 1969, including the Industrial Relations Rules of 1977 framed there under, provides for formation of trade unions and regulation of relations between employers and workers. At the time of the promulgation of this Ordinance, there were three separate laws regulating the relations between employees and employers, namely the East Pakistan Trade Union Act of 1965 which provided for the formation and functioning of trade unions, the East Pakistan Labor Disputes Act of 1965 which provided for investigation and settlement of labor disputes, and the East Pakistan Employment of Labor (Standing Orders) Act of 1965 to regulate the conditions of service of workers employed in shops, commercial and industrial establishments.
The first two of the above acts were repealed by the Ordinance of 1969. This Ordinance provides for various ways of settlement of industrial disputes which have been defined in the Act of 1965. Since public interest is involved in settlement of industrial dispute, adjudication as such through labor courts bears much importance. The labor courts play an important role for maintenance of industrial peace through settlement of issues on labor management problems, and hence they enjoy the confidence of both the employers and the workers.
Development of adjudication system was conceptual, brought in by the Trade Disputes Act of 1929, which used to provide for investigation and settlement of trade disputes and for certain other connected matters. A court of enquiry consisted of an independent chairman and one or more independent persons appointed by the prescribed authority. To overcome the difficulties in the Act of 1929 some provisions were made in the Defense of India Rules, 1939 for adjudication of disputes between employers and their workers. This process continued till the expiry of the said Rules on 31 March 1947. The Industrial Disputes Act, 1947 came into being on the 1st day of April 1947. The Act provided for establishment of industrial tribunals by the appropriate government in British India. It established a full-fledged industrial tribunal for adjudication of industrial disputes for the first time. Thereafter the East Pakistan Labor Disputes Act, 1965 was promulgated with effect from September 1965. This law like the Industrial Disputes Ordinance, 1959 envisaged constitution of courts under the name of Labor Court by the government. The law also provided for appeal procedure similar to what was included in the Industrial Disputes Ordinance, 1959, against an award of the labor court to the labor appellate tribunal by the aggrieved party.
The Employment of Labor (Standing Orders) Act, 1965 provided for a grievance procedure for redress of individual grievance of any particular worker in respect of their employment or conditions of work or infringement thereof. This widened the scope of the Labor Court and its jurisdiction to look into the grievances of individual workers in respect of their rights arising out of any matter covered by the said Act. This covers cases of illegal dismissal, discharge, lay off, retrenchment or termination of service by victimization for trade union activities or infringement of their rights covered by the said Act, and the Court as such was vested with jurisdiction to provide effective remedy to the workers for any wrong done to them by the employer.
In early 1969, the military government of Pakistan under the changed impact of industrial civilization and culture, considered it prudent to revise the labor policy in general and to bring about new concept in labor laws. In this background and in order to consolidate the law to regulate the relations between employers and workers as well as for avoidance and settlement of industrial disputes and also to regulate the law relating to formation and registration of trade unions, the Industrial Relations Ordinance of 1969 was promulgated in November 1969, which was however drastically amended in October 1970.
Conditions of service:
Legislation concerning long-term policy as a means of fostering economic stability and growth is relatively a new concept in labour law. There was almost no legislative regulation on the terms and conditions of employment of workers employed in shop, industrial or commercial establishment. The Industrial Employment (Standing Orders) Act, 1946 came into operation for the first time requiring employers in industrial establishments employing 100 or more workmen to define the terms of employment of workmen in the form of standing orders which should be in general conformity with the model standing orders incorporated in the Act. The Merchant Shipping Act, 1923 provided for an agreement between a seaman and the master of the ship regarding terms of service. The Act was replaced by the Merchant Shipping Ordinance, 1983. In 1960, the Industrial and Commercial Employment (Standing Orders) Ordinance, 1960 came into force replacing the Industrial Employment (Standing Orders) Act, 1946. This law also was replaced in 1965 by the Employment of Labor (Standing Orders) Act, 1965 which provides for defining and determining conditions of service of workers, workers' and employees' rights vis-à-vis the employer's rights. Under this Act misconduct of workers is defined, and the employer has a right to lay off, dismiss, discharge, retrench or terminate the services of workers. Employers can close down the establishment in certain contingencies.
The government of India set up an enquiry committee in 1926 to ascertain the loophole for irregularity of payment of wages to industrial workers. The Royal Commission on Labor appointed in 1929 considered the reports and suggestions of the aforesaid enquiry committee and recommended for enactment for prevention of maladies relating to payment of wages resulting in the promulgation of the Payment of Wages Act in 1936. It aimed, firstly, at disbursement of actual distributable wages to workers within the prescribed period and, secondly, to ensure that the employees get their full wages without any deduction. The Act was passed to regulate the payment of wages to certain classes of persons employed in industry. The object of the Act obviously was to provide a cheap and speedy remedy for employees to whom the Act applied inter alia, to recover wages due to them, and for that purpose, a special tribunal was subsequently created, but due to some inherent defects in the statute the recovery of decree able wages remained difficult.
The Payment of Wages Act, 1936 remained in force during the Pakistan regime and thereafter in liberated Bangladesh. A major amendment was however made in the Act in 1980 vide the Payment of Wages (Amendment) Act, 1980 (Act No. XXVI of 1980). The Act as amended has been made applicable upon employed persons, irrespective of quantum of wages, and the cases under the Act have been made triable by the chairmen of the labour courts, and provision for appeals has been made to the Labour Appellate Tribunal instead of the High Court Division. The paymasters have been made liable for prosecution on complaint of the aggrieved person.
For fixation of minimum wages, in cases where there is no system of collective bargaining, a board called the Minimum Wages Board was established under the Minimum Wages Ordinance, 1961. This Board declares minimum wages of workers for specified number of industries, but it cannot declare any national minimum wages. In almost all the cases wages are fixed by collective agreements. Under the Merchant Shipping Ordinance of 1983 wages of a seaman are to be fixed by agreement with the seamen.
Statutory provisions exist for only two contingencies, ie employment-related injuries and childbirth. The liability in both cases is entirely that of the employer. The Workmen's Compensation taka 400 per month, including all railway and other categories of workers specified in the Act, e.g. workers engaged in factories, mines, plantations, loading or unloading, construction or repairs to mechanically propelled vehicles. The bar in amount of wages was removed by an amendment made in 1980 to the Act. The Act of 1923 also contains a list of occupational disease in respect of which compensation is payable.
The Employer's Liability Act, 1938 declares that the doctrine of common employment and of assumed risk shall not be raised as a defense in suits for damages in respect of employment injuries. Under the Maternity Benefit Act, 1939, the Maternity Benefit (Tea Estate) Act, 1950, the Mines Maternity Benefit Act, 1941, and finally the rules framed there under, female employees are entitled to various benefits for maternity, but in practice they enjoy leave of 6 weeks before and 6 weeks after delivery. The Factories Act of 1965 prohibits the employment of women for cleaning or oiling any part of moving machinery and in factories where a cotton opener is at work. Necessary rules have also been framed by the government restricting the employment of women in operations which expose them to severe risk of bodily injury, poisoning or disease. The Mines Act, 1923 authorizes the government to make regulations prohibiting, restricting or regulating the employment of women in mines either below ground or in activities which are attended by danger to the life, safety or health of women.
The Children (Pledging of Labor) Act, 1933 declares void an agreement to pledge the labor of a child below 15 years. The parent or guardian of the child and the employer making the agreement are both guilty under the Act. An agreement to pledge the labor of child means an agreement, written or oral, express or implied, whereby the parent or guardian of a child, in return for any payment or benefit received or to be received by him, undertakes to cause or allow the services of a child to be utilized in any employment.
The provisions regarding hours of work in the Factories Act 1965 apply to workers of both sexes. The daily limit of nine hours in the case of women is subject to the restriction that no exemption regarding hours of work for women workers in the Mines Act, 1923, which are limited to ten per day and fifty-four per week for surface workers and nine per day for underground workers. The employment of women underground, however, continues to be prohibited by regulations framed under the Act. The Factories Act however stipulates that no women should be allowed to work in a factory except between 6 am and 7 pm. The government is empowered in respect of any class or classes of factories to vary these limits to any span of 13 hours between 5 am and 7-30 pm. Under the Mines Act, 1923 women are prohibited to work in a mine either below or above ground between the hours of 7 pm and 6 am. Under the Factories Act, 1965 there is provision for creches in any factory employing more than 50 women workers, a suitable room reserved for the use of children under the age of six belonging to women workers. The Mines Act, 1923 and Mines Creche Rule, 1946 also provide for the maintenance of creches in mines wherein women are ordinarily employed.
The Factories Act of 1965 fixes the minimum age of children as 12 years for employment in factories. No child is allowed to work in a factory unless he is certified physically fit, and children between 16 and 18 years of age not certified fit as such, are treated as children under the provisions of the Act. The Employment of Children Act 1938 prohibits the employment of children below the age of 15 in any occupation connected with transport of passengers, goods or mails by railway or involving the handling of goods within the limits of any port. It further prohibits the employment of children below 12 years in any workshop wherein the process of bidi making, carpet weaving, cement manufacture, cloth printing manufacture of matches and explosives, mica-cutting and depleting are carried on.
Under the Mines Act 1923, child below 15 years is allowed to work in mines either on surface or below ground. The employment of children between 15 and 17 years underground is dependent on their being declared medically fit. Persons below 17 years shall be employed in such manner that they get a rest interval of 12 consecutive hours out of which 7 hours shall fall between 7 pm and 7 am.
For employment in shops and commercial establishments, the Shops and Establishment Act of 1965 provides that no person below the age of 12 years is to be employed in a shop or establishment covered by this Act. For employment at sea the minimum age fixed under the Merchant Shipping Act, 1983 is 14 years. A young person between fourteen and eighteen years of age can only be carried to sea in any capacity if declared medically fit. Under the Factories Act of 1965 the employment of children less than 15 years of age is prohibited for cleaning or oiling any moving part of the factory. The government is further empowered to make rules prohibiting or restricting the workers for work which has the risk of serious bodily injury, poisoning or disease. Persons below 18 years of age may not be employed as stokers or trimmers, except in coastal ships where they may be employed if above 16 years of age.
(Conventions and Bangladeshi laws Chapter)
(3.1) ILO Conventions and others Conventions:
International Labor Code:
One of the principal functions of the ILO is setting international labor standards through the adoption of conventions and recommendations covering a broad spectrum of labor-related subjects and which, together, are sometimes referred to as the International Labor Code. The topics covered include a wide range of issues, from freedom of association to health and safety at work, working conditions in the maritime sector, night work, discrimination, child labor, and forced labor.
(3.2) Constitutional provisions:
Labor rights in the Constitution of Bangladesh: The Fundamental Rights and the Directive Principles of State Policy enshrined in our Constitution need a special mention in view of their supreme importance in directing and influencing the Labor Legislation on the country.
The constitution of Bangladesh contains a range of provision with regards to labor rights found in Part II: Fundamental Principles of state policy, and in Part III: Fundamental Rights. Which are given as follows:
Fundamental Principles of state policy:
- Article 14 of the Constitution provides a fundamental responsibility of the State to emancipate the toiling masses the peasants and workers and backward sections of the people from all forms and exploitation.
- Article 14 of the Constitution provides a fundamental responsibility of the state to the work, that is the right to guaranteed employment at a reasonable wage having regard to the quantity and quality of work;
- Article19 (1) lays down that the State shall endeavor to ensure equality of opportunity to all citizens.
- Article 20(1) of the Constitution proclaims that Work is a right, a duty and a matter of honor for every citizen who is capable of working and everyone shall
- paid for his work on the basis of the principle "from each according to his abilities to each according to his work".
- Article 20(2) of the constitution also proclaims that the State shall endeavor to create conditions in which, as a general principle, persons shall not be able to enjoy unearned incomes, and in which human labor in every form, intellectual and physical, shall become a fuller expression of creative endeavor and of the human personality.
Fundamental Rights: 
The Fundamental Rights cover, inter alia, equally before the law, prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth, equality of opportunity in matters of public employment, protection of rights regarding freedom of speech, freedom of assembly and freedom to from associations, freedom to practice any profession, protection of life and personal liberty, and right against exploitation.
- Article 34 of the Constitution specifically provides as one of the fundamental rights that all forms of forced labor are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
- Article 38 of the Constitution provides that every Citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of morality or public order.
- Article 28 of the constitution expressly discuss about the discrimination on ground of Religion, etc:
1. The State shall not discriminate against any citizen on grounds only of religion, sex, race caste or place of birth.
2. Women shall have equal rights with men in all spheres of the State and of public life.
3. No citizen shall on grounds only of religion race, caste, sex or place of birth be subjected to any disability, liability, restriction or condition with regard to access to any place of public entertainment or resort or admission to any educational institution.
4. Nothing in this article shall prevent the State form making special provision in favor of women or children or for the advancement of any backward section of citizens
Fundamental Right are enforceable in the Law Courts and create justifiable right in individual.
- Article 26 of the Constitution expressly provides that all laws in force in the country immediately before the commencement of the Constitution which are inconsistent with the Fundamental Rights conferred by the Constitution Shall to that extent be Void.
- Article 40 of the constitution laid down that the right of the every citizen to possess a any lawful profession or occupation, and to conduct any lawful trade or business.
(3.3) Bangladeshi laws:
Labor law is a designed to control and govern the continuous process by which workers and management decide the terms and conditions of employment. It is based almost entirely on statutes passed by the parliament during last seventy years. Labor law regulates matters such as, labor employment, remunerations, condition of works, trade union and labor management relations. It also indicates that the rules and regulations which cope whit employees’ right to joint trade union, in particular, benefits of workers, conditions of leave, especially maternity leave for woman workers, social security for workers. 
However, Labor law is the study of a tripartite industrial relationship between workers, employer and trade union. This involves collective bargaining regulation, and the right to strike. Individual employment law refers to workplace right, such as health and safety or a minimum wage.
3.3.2 objectives of the bangladesh labour act:
The main purpose of the Bangladesh Labor Act, 2006 is to consolidate and amend the existing laws relating to labor and industrial affairs.
Another important objectives of the Bangladesh Labor Act, 2006 are to appoint labor, to increase relation between labors and employers, to specify the lowest wages of the. labor, to discharge wages, to compensate for the ulcerating the labor, to form of the trade unions, to regulate the relations of any differences or disputes arising between labors and employers, to protect the social security of the labor including health, safety and welfare.
Labor law encourages and promotes these purposes by placing statutory limitations on employer interferences with the rights of employees with self organizations and bargaining collectivity and because union, too, may abuse their power, labor law also acts to curb and control union activities.
From historical point of view, labor law has given birth to some fundamental industrial rights to laborers in the field of production. At the same time it has also provided protection for those rights.
And lastly we can say that, the ultimate object of labor and industrial law is to maintain industrial peace, security and steady growth of production.
3.3.3. Principles of Labor Legislation:
Labor Legislation is based on certain fundamental principles which are follows.
1. Social Justice:
In an industrial set-up, social justice means an equitable distribution of profits and benefits accruing from industry between industrialists -and workers and affording protection to the workers against harmful effect to their health, safety and morality. Mere compliance with and enforcement of legal rights may be unfair and cause hardship to the enforcement of legal rights by, the workers. Chapters ten,eleven,twelve,sixteen,seventeen of the Bangladesh labor code,2006.And the provisions of the chapter three,four,five,six,seven,eight,and nine of the labor code fixing hours of work,overtime,leave priviledge,welfear facilities and safe working conditions are also directed towards the same end.
Social justice is the signature tune of the Constitution of Bangladesh and this note is nowhere more vibrant than in industrial jurisprudence. The Preamble to our Constitution also lays down the objective of establishing 'economic and social justice', 'a society free from exploitation.
2. Social Equity:
Another principle on which Labor Legislation is based is social equity. Broadly speaking, social equity is a part of social justice. Legislation based on social justice fixes a definite standard for adoption for the future, taking into consideration the events and circumstances of the past and the present. But with the change of circumstances and ideas there may be a need for change in the law. This power of changing the law is taken by the Government by making provisions for rule-making powers in the Acts in regard to certain specific matters. The rules may be modified or amended by the Government to suit the changed situation. Such legislation is based on the principle of social equity.
International uniformity is another principle on which labor laws are based. The important role played by the International Labor Organization (ILO) in this connection is praiseworthy. ILO is an international organization which was founded in 1919 soon after the First World War. The main aims of the ILO are: (i) to remove injustice, hardship and privation of large masses of toiling people all over the world; and (ii) to improve their living and working conditions and thus establish universal and lasting peace based upon social justice.
The basic principles of the Labor Policy of ILO are: (a) Labor is not a commodity; (b) Freedom of expression and of association are essential to continued progress; (c)Poverty anywhere constitutes a danger to prosperity every where.
ILO aims at securing minimum standards on a uniform basis in respect of all labor matters. Conventions passed by ILO conferences, if and when ratified by a member-State, have to be implemented through appropriare legislation. Most of the Labor Legislation in Bangladesh is based on this principle.
4. National Economy:
In enacting labor legislation, the general economic situation of the country has to be borne in mind lest the very objective of the legislation be defeated. The state of national economy is an important factor in influencing labour legislation in the country.
3.3.4. History of Bangladesh labor law:
The Bangladesh Labor Act, 2006 is not enacted a day, Bangladesh has a long heritage in terms of labor laws. Of the 46 labor laws, 25 Acts, Ordinances & Orders were repealed by the Bangladesh Labor Act, 2006. In the historical context, the colonial government (1757-1947) took the initiative of enacting laws that have been adopted in different parts of the country for the workforce engaged in factories and business establishments.
However Bangladesh labor law inherited the laws and the legal system of our country from British-India colonial period and from the post-partition period from 1947 to 1971. The British enacted laws to, primarily, suit their colonial purposed. Now ours is liberated country and its outlook and demand have changed drastically. Therefore either the existing laws should be adequately amended or new laws are enacted, suiting the present demand of the society. Out of 44 statutes of our labor laws 2 are from the nineteenth century and another 13 from the between the beginning of twentieth century and the partition of the sub-continent in 1947. Another 23 statutes were enacted during the Pakistan period (1947-1971).However before the enacted the new labor code 2006, Bangladesh labor law ran by 25 Acts and 46 laws and orders and rules. Which are as follows:
1. The Mines Act, 1923;
2. The Workmen’s Compensation Act, 1923’
3. The Cotton Industry (Statistics) Act, 1926’
4. The Children (pledging of labors) Act, 1933’
5. The workmen’s Protection Act, 1934’
6. The Dock Labors Act, 1934;
7. The Payment & Wages Act, 19836
8. The Employment Liability Act, 1938;
9. The Employment of Children Act, 1938;
10. The Maternity Benefit Act, 1939;
11. The Mines Maternity Benefit Act, 1941;
12. The Motor Vehicle Ordinance, 1942;
13. The Industrial Statistics Act, 1942;
14. The Maternity Benefit (Tea Estate) Act, 1950;
15. The Employment (Records of Service) Act, 1951;
16. The Bangladesh Plantation Employees Provident Fund Ordinance, 1951;
17. The (Plantation Employees) Provident Fund Ordinance, 1959;
18. The Coal Mines (Fixation of Rate of Wages) Ordinance, 1960
19. The Road Transport Workers Ordinance, 1961;
20. The Minimum Wage Ordinance, 1961;
21. The Industrial Development Corporation Ordinance, 1962;
22. The Plantation Labor Ordinance, 1962;
23. The Tea Plantation Labor Ordinance, 1962;
24. The Apprenticeship Ordinance, 1962;
25. The Control of Employment Ordinance, 1965;
26. The Factory Act 1965;
27. The Shop and Establishment Act, 1965;
28. The Employment of Labor (Standing Orders) Act, 1965;
29. The Exercise and Duty on Minerals (Labor welfare) Act 1967;
30. The Companies’ Profit (Workers Participation) Act, 1968;
31. The Industrial Relation Ordinance, 1969;
32. The Bangladesh Nationalized Enterprise and Statuary Corporation Order, 1972:
33. The Industrial Development Corporation Order, 1972;
34. The Bangladesh Industrial Enterprises (Nationalization) Order, 1972;
35. The Bangladesh Insurance Corporation (Dissolution) Order, 1972;
36. The Newspaper Employees (Conditions of Service) Act, 1977;
37. The Bangladesh Handloom Board Ordinance Act, 1977;
38. The Bangladesh Council of Scientific & and Industrial Research Ordinance, 1978;
39. The Dock Workers (Regulation of Employment) Act1980;
40. The Bangladesh Export Processing Zones Authority Act, 1980;
41. The Foreign Private Investment (Promotion of Protection) Act, 1980;
42. The Agricultural Labor (Minimum Wages) Ordinance, 1984;
43. The Bangladesh Cha Sramik Kallayan Fund Ordinance, 1986
44. The Bangladesh Private Export processing Zone Act, 1996;
conditions of employment
"Conditions of employment" mean the term of employment as between the employer and the employees. It denotes the some total of the rights and obligations of the worker and the employer. According to Black's Law Dictionary, a qualification or circumstances required for obtaining or keeping a job. The conditions of service, means all those conditions which regulate the holding of a post by a person, right from the time or his appointment till his retirement and even beyond retirement in matters like pension etc. The expression "conditions of service" includes everything from the stage of appointment and to the stage of termination of service and even beyond and relates to matters pertaining to disciplinary action.
The condition of employment is described in Chapter-II of the Bangladesh Labor Act, 2006.
3.3.5. contracts of employment
While Article 29 of the Constitution of Bangladesh affords every citizen with the right to enter upon any lawful profession or occupation, and to conduct any lawful trade business.
Labor contracts are generally unwritten and can be enforced through the courts on the basis of oral evidence or past practice.
Every employer in an industrial or commercial establishment is required to issue a formal appointment letter at the time of employment of each worker. The obligatory contents of each labor contract, if written, are confined to the main terms and conditions of employment, namely nature and tenure of appointment, pay allowances and other fringe benefits admissible, terms and conditions of appointment.
Employment contracts are divided into various types of work relationships distinguishing between apprentices, the badli (a person employed in the post of a temporary or permanent worker during his other absence), and casual workers, permanent and temporary workers.
3.3.6. definition of employee or worker
Any person who employs, either directly or through any other person, or whether on behalf of himself or any other person one or more employees in a schedule employment where minimum wages have been fixed.
According to the definition that there were persons employed who directly or through any agency, whether for wage or not. A person who performs physical labor as a service or for live hood.according to section 2(65) of the Labor Act, "worker" means any person including an apprentice employed directly or by a contractor in any establishment or industry to do any skilled, unskilled, manual, Technical, Trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does not included any such person who is employed mainly in a managerial or capacity. The term "worker" contemplates not only a person to be employed in the work, for productive purpose in any commercial or industrial establishment, but also embraces a person ho on being employed does any skilled, unskilled, manual, technical,tradc promotional or clerical work for hire or reward, whether the terms 0f employment be expressed or implied.
Thus the definition of the worker is general defination and it covers any person employed in any shop or commercial establishment who is not employed in any managerial or administrative capacity.
Such Sections 'mere designation is not sufficient to indicate whether a person is a "worker" or an "employer" but it is the nature of the work showing the extent his authority which determines whether he is a worker or employer.''' Thus the definition of worker is a general definition and it covers any person employed in any shop or Commercial establishment who is not employed in any managerial or. Administrative capacity.'A person does not cease to be a worker only because he is employed in a supervisory capacity. It depends on the nature of the job to say whether he is a worker or not'. The enforcement of the right as guranteed under section 10(a) & (b) of the Shops and Establishments Act, 1965 (now stands repealed)The law puts a bar on a security staff to be treated as a worker and as such the petitioner after his transfer as change of status as a "Darowan" can not be treated as worker. Therefore, "Employees" include workmen and non-workmen.
3.3.6. categories of workers
Section 4 of the Bangladesh Labour Act 2006 classifies the workers according to the nature and condition of work as (i) apprentices; (ii) badli; (iii) causal; (iv) temporary; (v) probationer; and (vi) permanent.
i) Apprentices: Section 4(2) of Labour Act 2006 enunciates that a worker shall be called apprentice if he is appointed as an apprentice and he is paid an allowance during the period of his training. So, "apprentice worker" means a learner worker who is paid an allowance during the period of his probation.
ii) Badli: Section 4(3) of the Bangladesh Labour Act 2006 enunciates that a worker shall be called badli if he is appointed in the^ost of a permanent worker or of a probationer who is temporarily absent. The same definition is said in the Section 2(b) of the Employment of Labour (Standing Order) Act, 1965 (now stands repealed). A badli worker whose name is entered on the muster-rolls of the establishment shall cease to be regarded as such for the purpose of this section, if he has completed one year of continuous service in the establishment.
iii) Causal: Section 4(4) of the Bangladesh Labour Act, 2006 provides that a worker shall be called casual worker if his employment in an establishment is of casual nature. The word 'Casual' is used to define for irregular or uncertain work but whichever necessary. So, such a person is counted as a casual worker who appointed to uncertain work. A person working part-time may be an employee.He most detailed discussion of the position of causal workers is found in .the Court of Appeal's judgement in O'Kellyvs. Trust house Forte Pic
iv) Temporary: Section 4(5) of the Bangladesh Labour Act, 2006 lays down that a temporary worker is one who has been engaged for work which is essentially of temporary nature and is likely to be finished within a limited period. The term temporary worker has a connotation which is different from popular and dictionary meaning of the term. Having regard to the language employed in the sub-section of the Act. A worker in order to be treated as permanent worker need not require appointment on permanent basis. It will be sufficient if he has satisfactorily completed the period of probation. There is specific class of employees known as temporary employees, who are appointed for a specific period or as specific project or job.
V) Probationer: Section 4(6) of the Bangladesh Labour Act, 2006 provides Unit a probationer is one who is provisionally employed to fill a permanent Vacancy in a post and has not completed the period of his probation.
vi) Permanent: Section 4(7) of the Bangladesh Labour Act 2006 provides that f l permanent worker is one who has been engaged on a permanent basis or who has satisfactorily completed the period of his probation in the establishment.
3.3.7. period of probation
Section 4(8) of the Bangladesh Labour Act, 2006 states that the period of probation for a worker whose function is of clerical nature shall be six months and for other workers such period shall be three months. Provided that in the case of skilled worker,, the period of probation may be extended by an additional period of three months if for any circumstances, it has not being possible to determine the quality of his work within three months' period of his probation. Probationers are those employees who are given appointment against any permanent or sanctioned post. The purpose of the provision of probation is to access the quality and suitability of a particular worker to a particular post.Section 4(9) of the Bangladesh Labor Act, 2006 states that if any worker, whose service has been terminated during his probationary period, including the extended period of three months in case of a skilled worker, is again appointed by the same employer within a period of three years, he shall, unless appointed on a permanent basis, be deemed to be a probationer and the period or periods of his earlier probation shall be counted for determining his total period of probation.
3.3.8. STOPPAGE, CLOSURE, LAY-OFF AND RETRENCHMENT
Stoppage in an Establishment
According to Section 12 of the Code,2006 an employer almost an unfettered power to close down his shop, commercial or industrial establishment which certainly expose the workmen to frequent risk of involuntary unemployment. As per conditions laid down in section 12 an employer may stop any section, or section of shop or commercial or industrial establishment, wholly, partly or for any period.
The High Court Division held that the right of an employer to stop or discontinue, the industry at any time if it is satisfied that there is no prospect to continue the industry is available to the employer and the workers for that matter have no say in this regard and are not entitled to seek a direction from the Labour Court to open the industry by instituting a case under section 34 of the Industrial Relations Ordinance and the Labour Court has no such power to make such order and the workers are left with no remedy except that as provided in section 9 of the Act during the period they were laid off.
The Court also held that employer's financial inability is covered by the expression "other cause beyond his control" appearing in section 6 and his right to take action there under cannot be fettered with limitation. We will see later that this decision of the High Court Division, on principle, is not based on sound reasoning and in the light of a recent judgment of the Appellate Division this decision seems to have been wrong.
3.3.9. Procedure following Stoppage
(a) Notice to the Worker: If the stoppage occurs at any time beyond working hours, the employer shall notify the workers affected, by notice posted in the notice board or in any other convenient place. In the notice the employer also have to indicate as to when the work will resume.
(b) If the stoppage occurs during working hours, the workers shall be notified as soon as practicable, by notice posted in the notice board or at a convenient place before the work is due to begin next. In the notice the employer also have to indicate as to when the work will resume.
3.3.10. Stoppage and the Payment of detained Workers:
In the event of detention of workers following stoppage-
(i) the workers so detained may not be paid for the period of such detention if it does not exceed one hour,
(ii) the workers so detained shall be paid wages for the whole period of such detention if it exceeds one hour.
(d) Stoppage and Payment of Wages to Workers: Where the workers are not detained and the period of stoppage exceeds one working day, the employer will have to pay wages to the workers according to the rules below.
(i) if the period of stoppage does not exceed one working day, a worker may not be paid any wages;
(ii) if the period does exceed one working day, a worker affected (other than casual and badli worker) shall be paid wages for the day or days by which it will exceed one working day;
(iii)if the stoppage extends beyond three working days, the workers may be laid-off in accordance with rules laid down in section 9. If workers are laid-off, it will take effect from the first day of stoppage and any wages paid to a worker for the first three days may be adjusted against the compensation payable for such subsequent lay-off.
3.3.11. Lay-Off and its Procedure
'Lay-off: The term 'lay-off generally means temporary suspension from service of worker on the ground of stoppage of work in commercial establishment. It is also termed as stoppage of work due to some specified reasons. The term has been defined in section 2(58). It means the failure, refusal or inability of an employer on account of shortage of coal, power or raw material or the accumulation of stock or the break-down of machinery or for any other reason, to give employment of a worker whose name is borne on the muster-rolls of his shop, commercial establishment or industrial establishment. Thus the definition makes it clear that lay-off is occasioned by the employer's failure or inability on account economic reasons to give employment to the workmen. The words 'any other reason' used in the definition mean reasons which are allied or analogous or similar to those enumerated in the definition.
Rationale behind the Lay-Off Compensation:
The right of workmen to lay-off compensation is designed to relieve the hardship caused by unemployment due to no fault of the employee. Involuntary unemployment also causes dislocation of trade and may result in general economic insecurity. Therefore the right is based on human public policy and the statute which gives such right should be liberally construed, and where there are disqualifying provisions, the latter should be construed strictly with reference to the words and used therein 
3.3.12. Effect of Lay-Off/ Employer-Employee Relationship during the Lay-Off period:
Lay-off does not mean termination of employment. A close scrutiny of section 11 of the Act makes it clear that the relationship between the employer and workers during the lay-off period is only suspended and die workers continue to be on the muster rolls of the employer and they have to be reinstated as soon as normal work is resumed. Second, under section 10 the employer is duty bound to maintain muster roll of all such workers who have been laid-off so that they may claim reinstatement once the lay-off is lifted. Third, once lay-off is declared the employer is under liability to pay compensation, provided the workmen laid-off report themselves for duty everyday. Fourth, Since the employer's liability to pay compensation is confined to' only those days laid off, a corresponding duty is cast on the workers to present themselves for work everyday on die appointed time. If the workman laid-off fails to report for duty as above the employer is not liable to pay compensation for such days not so reported.
3.3.13. Distinction Between Stoppage of Work and Lay-Off
Stoppage to work of any establishment, wherether it is lay-off or stoppage of work,is the matter in dispute individually.According to section 2(58) of the Act,lay-off can be occurred for the failure,refugeal or inability of an employer to give employment of a worker on account of shortage of coal, power or raw material or the accumulation of stock or the break down of machinery. On the other hand, Stoppage of work can be occurred for stooping any section or sections of the establishment wholly or partly by the employer may on account of the even of fire, catastrophe breakdown of machinery, or stoppage of power supply, epidemics, civil commotion or other cause beyond control of employment. The Labour Court has no such power to make such order and the workers left with no remedy except that that as provided in section 9 of the Act during the period they were laid-off.
Section 2(11) of the Code defines the term 'retrenchment' as the termination by the employer of services of workers, not as a measure of punishment inflicted by way of disciplinary action, but on die ground of redundancy. Thus retrenchment is a permanent measure to remove surplus staff; it results in a complete severance of employer-employee relationship. The definition also makes it clear that retrenchment is a kind of termination but every termination is not retrenchment. To be retrenchment the termination must be on the ground of redundancy.
The definition though an rtificial one I certainly very wide and would include termination of service even in pursuance of a standing order.Retrenchment” includes every kid of termination.
3.3.15. Conditions for a Valid Retrenchment:
According to section 12 read with section 2(q) the conditions of a valid retrenchment are as follows:
(i) The worker to be retrenched must be given one month's notice;
(ii) The notice must be given in writing;
(iii) The notice must contain reasons for retrenchment;
(iv) Alternative to condition
(ii) Above, instead of giving one month's, a worker may be retrenched instantly by giving him payment of wages for the period of notice;
(v) A copy of the notice of retrenchment must be sent to the Chief Inspector;
(vi)There must be termination of services of a workman on the ground of redundancy or surplus labour.
Procedure of Retrenchment:
Section 13 of the Act incorporates the well recognized principle of retrenchment in industrial law, namely, the "last come first go" or "first come last go". The principles laid down in section 13 for retrenchment procedure are to be adhered to by every employer. The conditions, which this section prescribes for the procedure of retrenchment are as follows:
(i)The person claiming the protection of retrenchment procedure under section 13 must be a 'worker' within the definition in clause (v) of section 2;
(ii) The person must belong to a particular category of workers in the establishment concerned;
(iii)There should not be any agreement between the employer and employee contrary to. the procedure of 'last come first go',
(iv) The employer is bound to comply with all the above conditions. While retrenching a worker. However, the employer can deviate ' from this procedure on justifiable reasons which must be recorded.
3.3.16. Retrenchment Compensation
Payment of compensation for retrenchment is mandatory. The provisions of compensation for retrenchment are as follows:
(i) At the time of retrenchment the worker must be paid, compensation equivalent to thirty days' wages for every
completed year of service or for any part thereof in excess of six months, or gratuity, if any, whichever is higher;
(ii)To claim compensation for retrenchment the worker must show that he has been in continuous service for not less than one year under that employer who has retrenched him;
(iii) If a worker who is to be laid-off even after first 45 days in a calendar year under section 9(3), is retrenched instead of laying-off, no notice will be required. However, he shall be paid 15 days' wages in addition to the compensation or gratuity which may be payable under clause (e) of section 12;
(iv) Wages as compensation for retrenchment will mean the average of the basic wages plus dearness allowances, if any, paid during the period of twelve months immediately preceding the date of retrenchment.
3.3.17. Re-employment of Retrenched Workers
Retrenchment of surplus workers causes undue sufferings not only to the retrenched worker but to all his dependents. Therefore, in order to avoid hardship to the worker and his family, the provisions have been made in Section 14 of the Employment of Labour (Standing Orders) Act, 1965 that such workmen should be given, an opportunity to join service whenever an occasion arises to employ another hand. This principle was regarded as of general application in industrial adjudication on the ground that it was based on considerations of fair play and justice. The section provides that after effecting retrenchment, if the employer proposes to take into his employment any person:
(i) he shall give opportunity to the retrenched workers who offer themselves for re-employment; and
(ii) these retrenched workers will have preference over the new applicants. Thus section 14 imposes legal obligation on the employers to give preference to retrenched workers when he subsequently employs any person.
3.3.18. Conditions of re-employment for Retrenched Workers:
A retrenched worker may claim preference under section 14 on the fulfillment of the following conditions:
(i) To apply for preference under section 14 the worker concerned must have been retrenched in last one year time prior to re-employment (thus a dismissed or discharged worker .cannot claim preference in employment);
(ii) The worker must offer himself for re-employment in response to the notice by the employer;
(iii) Workers will have priority according to the length of bis service under the employer.
3.3.19. Distinction between Lay-Off and Retrenchment.
(i) In case of lay-off there is failure, refusal or inability of the employer to give employment to a workman for a temporary period while in retrenchment the workman is deprived of his employment permanently by his employer.
(ii) The grounds of lay-off are many. In lay-off the failure, refusal or inability to give employment is on account of one or more of the reasons specified in section 2(1) such as shortage of coal, shortage of power, raw materials, break down of machinery etc. while in retrenchment the termination of service is on the ground of surplus labour only. Thus the ground of retrenchment and lay-off are completely different.
(iii)The reasons of lay-off are completely different as compared to reasons of retrenchment. The situation of surplus labour may arise due to economic drive, rationalization in the industry, installation of new labour saving machinery etc. But in lay-off reasons of non-employment are mainly non-availability of power, raw materials, coal or break down of machinery etc.
(iv) In lay-off labour force is not surplus but in retrenchment labour force is surplus which is to be retrenched.
3.3.20. Collective Bargaining:
Beatrice webb is said to have coined and used the term ‘collective bargain’ for the first time there is the expression ‘collective Bargaining’ the idea of the workers acting collectively.
collective bargaining is the method whereby workers organize together (usually in unions) to meet, converse, and negotiate upon the work conditions with their employers normally resulting in a written contract setting forth the wages, hours, and other conditions to be observed for a stipulated period. It is the practice in which union and company representatives meet to negotiate a new labor contract.In various national labor and employment law contexts, the term collective bargaining takes on a more specific legal meaning. In a broad sense, however, it is the coming together of workers to negotiate their employment.A collective agreement is a labor contract between an employer and one or more unions. Collective bargaining consists of the process of negotiation between representatives of a union and employers (represented by management, in some countries by employers' organization) in respect of the terms and conditions of employment of employees, such as wages, hours of work, working conditions and grievance-procedures, and about the rights and responsibilities of trade unions. The parties often refer to the result of the negotiation as a collective bargaining agreement (CBA) or as a collective employment agreement (CEA).As an essential process in labor relations, collective bargaining was first developed in Great Britain in the 19th cent.
Definition of collective Bargaining:
Negotiation between organized workers and their employer or employers to determine wages, hours, rules, and working conditions.
Those negotiations between an employer and a person(s) representing a group of defined employees seeking to agree on a global and comprehensive agreement to regulate working hours and conditions, dispute resolution, rates of pay and hiring in all regards as to members of the group.
In J.I. Case Co v Labor Board, Justice Jackson of the United States Supreme Court wrote:
"Collective bargaining between employer and the representatives of a unit, usually a union, results in an accord as to terms which will govern hiring and work and pay in that unit."
Advantages and disadvantage of collective Bargaining:
Advantage of collective Bargaining:
Advantage of collective bargaining has been around since World War 2 and has developed rapidly, some collective bargaining agreements are registered with the labour court and are binding by law, however others are only mutually accepted agreements. The advantages of collective bargaining include:
It is system based on bipartite agreements, and as such, superior to any arrangements involving third party intervention in matters which essentially concerned employers and employees· Its an open means of airing grievances in an orderly negotiating factor. Employees which has issues regarding certain aspects of their work can address them in a calm collective environment.
· Redresses the imbalance of power. Employers have major power within society the use of collective bargaining restores a balance between employees and employers.
· Manages conflict. Conflict between the social partners can be managed through negation which in turn creates industrial peace and a harmonized society.
· Requires consent of all representatives involved.
Collective bargaining encourages industrial peace and less strikes which is a major factor which encourages FDI.
Disadvantage of collective Bargaining:
One of union representation's greatest advantages can also be one of its main disadvantages the ability to engage in economic strikes.
There the situation in which a serious strike and prolonged strike simply cacot be tolerated. The decision to strike for improved wages or working conditions is a serious subject that requires a thorough analysis of the strike's likelihood for success before it is undertaken. Union officials need to be experienced and knowledgeable about the many economic and social factors that will be brought to bear on striking employees before they make a decision. Incorrect judgments about striking can be harmful to employees who choose to engage in this activity.
When a union is certified as the exclusive employee representative, employees become members of an overall bargaining unit in which the majority rules. Union leaders make
decisions for all employees, which many may deem not to be in their best individual interest.
Employers of striking workers have the legal right to continue to operate their business with permanent replacement employees who need not be discharged once the strike ends. In such circumstances, the best that striking employees can expect is to be recalled when an employment vacancy occurs for which they are qualified. This assumes that the striking employees have not already obtained regular and equivalent employment elsewhere and have made an unconditional request for reinstatement. They are not entitled to immediate and unconditional reinstatement or back pay when their jobs are filled by permanent replacements.
Another disadvantage for unionized workers is the loss of individuality. When a union is certified as the exclusive employee representative in a workplace, employees become members of an overall bargaining unit in which the majority rules. The ruling majority may not be sympathetic with each individual's specific employment needs or aspirations. Individual agreements between employees and management are not allowed because the employer is under an obligation to deal exclusively with the union. The union leaders make decisions for all employees, which many may deem not to be in their best individual interest. Loss of individuality is of prime concern for many employees, as well as the loss of the opportunity to negotiate for themselves an individual arrangement.
The power of exclusive employee representation can also be a disadvantage to workers. This power carries with it a duty of fair representation that requires the union to negotiate fairly on behalf of all employees in the "bargaining unit," whether they are union members or not. A labor union, however, is granted by law tremendous discretion in fulfilling its responsibilities as bargaining representatives, and it can be difficult to force it to side with any particular employee on an issue that it feels is unmeritorious. In other
words, the power of exclusivity gives unions the right to advance the interests of the group over those of the individual.
3.3.21. Importance to employees
- Collective bargaining leads to industrial peace in the country
- It results in establishment of a harmonious industrial climate which supports which helps the pace of a nation’s efforts towards economic and social development since the obstacles to such a development can be reduced considerably.
- Effective collective bargaining machinery strengthens the trade unions movement.
- The workers feel motivated as they can approach the management on various matters and bargain for higher benefits.
- It becomes easier for the management to resolve issues at the bargaining level rather than taking up complaints of individual workers.
- Collective bargaining tends to promote a sense of job security among employees and thereby tends to reduce the cost of labor turnover to management.
- Collective bargaining opens up the channel of communication between the workers and the management and increases worker participation in decision making.
- Collective bargaining plays a vital role in settling and preventing industrial disputes. Importance to society
- The discrimination and exploitation of workers is constantly being checked.
- It provides a method or the regulation of the conditions of employment of those who are directly concerned about them.
Historical Development of Trade Unionism
The history of trade unionism and trade union legislation show that the trade union movement had to wage a long and bitter struggle. to secure recognition for the workers' right to organize themselves into unions and to exercise their right of collective bargaining, if necessary, by the use of weapon of strikes. Before the beginning of the nineteenth century associations of workmen in defense of the interests had little in common with the modern trade union. It was the industrial revolution in the late 19th century which brought about revolutionary and sweeping changes in the western world. Notable inventions and breakthrough in the production methods, transportation, navigation and developments in the shipping industry, introduced corresponding changes in the social set as well. These scientific and technological changes culminated in the emergence of two classes: the entrepreneur class and the wage earning class. It is from the frequent clashes and conflicts of these classes of the society that many a labour and welfare law began to spring up.
3.3.23. Problem of Industrialisation:
Even though the industrial revolution resulted in the maximisation of production and that the national income and so the per capita income went to high pitch, paradoxically the fate of the vast multitude, namely the wage earning class did not improve. Rather their conditions became more deplorable both inside and outside the factories,
The problems cropping up inside the factory were also not negligible. Question of wages, working conditions, working hours etc assumed vital importance. The socio-legal set up prevailed as one of strengthening the hands of the entrepreneur class. The laissez faire philosophy which was at the bottom of the industrial revolution gave a free hand to the entrepreneur class. Under the freedom of contract theory the employer was the dominating party to the contract. Wages and working hours were fixed according to his will and pleasure. Working conditions were at the mercy of the employer. It was a clear case of 'take this or go out'. There was no security of job. The right 'to hire and fire' was literally practiced in those days.
With this change the British parliament was also constraint to deviate from the laissez fair principles while enacting labour legislation in 19th century.
The establishment of the ILO in 1919 at the international level further gave a morale boost to the workers organization. However, for India it took 20 years to procure such recognition to workers' union when in 1926 the Indian Government was compelled to enact the Indian Trade Union Act with parallel provision of the Trade Disputes Act, 1906 of England. Before the passing of the Trade Union Act,. 1926 trade union activities were looked upon as illegal and not immune from civil and criminal liabilities. The year 1920 was of crucial importance in the history of trade union movement in India as it saw the birth of the All India Trade Union Congress. Subsequently trade union leaders and poEticians started pressing the Government for trade union legislation which would protect trade unionists against civil and criminal liability for acts genuinely done in furtherance of a trade dispute. Consequent on the partition of India in 1947, Pakistan got its heritage of labour laws from undivided India, as adapted by the Adaptation Laws Qrder, 1947. At the time of promulgation of the Industrial Relations Ordinance there were three East Pakistan enactments: (i) the East Pakistan Trade Union Act 1965 regulating the relations between employees and employers and providing for the formation and functioning of Trade Unions as organisations of workers; (ii) the East Pakistan Labour Dispute Act, 1965 providing for investigation and settlement of labour disputes; and (iii) the East Pakistan Employment of Labour (Standing Orders) Act, 1965 providing for regulating the conditions of service of workers employed in shops and commercial establishment. The Industrial Relations Ordinance has repealed the above first two legislations. Now therefore both the law of trade union and labour dispute are dealt with in the same IRO, 1969.
Freedom of Association and Right to Trade Union
The freedom of association has been the corner-stone of society. The general claim to freedom of association for political purposes and the specific claim of freedom of association for trade union purposes represent more recent developments. The right to 'form associations and unions' is treated as a separate right, with the same status as freedom of speech, assembly and the like. There are four aspects of the freedom of association:
First, the right necessarily connotes the right to enter into an agreement
for the purpose of creating an association;
Second, this right may be for any purpose whatsoever with regard to the right of association, so long as the purpose is not contrary to law;
Third, like freedom of speech, the freedom of association cannot be made subject to previous authorisation, as such authorisation would mean an infringement of the right;
Fourth, freedom of association implies, the right to do any lawful act in furtherance of the purpose of the association (Khan, Hamiduddin, 197-198).
Article 23(4) of the Universal Declaration of Human Rights, 1948 states that everyone has the right to form and to join trade unions for the protection of his interests.
The preamble of the Constitution of the International Labour Organisation declares 'recognition of the principle of freedom of association' to be a means of improving conditions of labour and of establishing peace. Apart from the Constitution of the ILO the Convention No. 87 of the ratified ILO Convention defines and describes the right of freedom of association, i.e. the right to:form trade unions. These are as follows:
(i) Workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without previous authorisation (Article 2);
(ii)Workers' and employers' organisation shall have the right to draw up their own constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes (Article 3);
(iii) the public authorities shall refrain from arty interference which
would restrict this right to impose the lawful exercise thereof (Article3);
(iv)Workers and employers organisations shall not be liable to be dissolved or suspended by administrative authority (Article 4);
(v)Workers' and employers', organisations shall have right to establish andjoiij federations and confederations and any such organjsation, federatipn or confederation shall have the right to affiliate with international organisations of workers and employers (Article 5);
(vi) The law of the land shall not be such as to impair nor shall it be applied as to impair the guarantees provided of in the Convention (Article 8);
(vii) Member States of the ILO undertakes to take all necessary and appropriate measures to ensure that workers and employes may exercise freely the right to organise (Article11).
Convention No. 98 stipulates the following protection with regard to the Application of the Principles of the Might to Organise and to Bargain
(i) Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of the employment (Art 1);
(ii) Workers' and employers' organisations shall enjoy adequate protection againt any acts of interference by each other or each other's agents or members in theier establishment,or administration (Article 2);
(iii) Machinery' appropriate to national conditions shall be established, where necessary, for the purpose of ensuring respect for the right to organise (Article 3).
3.3.24. Right to Form Trade Union under the Code
All the above international protection of right to trade union and freedom of association have been ratified by Bangladesh. Apart from international view point, the right to trade union and association is a fundamental right guaranteed by Article 38 of our Constitution which stipulates that
“Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interests of morality or public order”.
Convention 87 of the ILO Convention, section 3 of the Industrial Relations Ordinance, 1969 lays down the right to trade unions and freedom of association.
Who can form Trade Union:
As per definition in section 2(xxvi) both employer and workers have been given right to form trade unions under the IRO. There are no essential formalities or requirements in forming and organising a trade association. It is only when a trade union desires to be registered as a trade union that certain
requirements must be complied ' with. However, there are some post-formation conditions for a trade union which are as follows:
(i) A trade union must be registered if it is to work as a trade union. Section 11A states that no trade union which is unregistered or whose registration has been cancelled shall function as a trade union. This requirement of section HA seems contradictory to the provision of section 5 which allows registration of a trade union on a voluntary basis;
(ii) The objective or activities of any trade union must not go against any law of the land. In other words, the activities and programmes of a trade union must not be illegal in the context of other laws in the country (section 4);
(iii) A trade union must comply with the conditions of registration which have been set out in section 7 of the IRO;
(iv) No worker shall be entitled to enroll himself as, or to continue to be, a member of more than one trade union at the same time (Section 11B).
Disqualifications for being a member of a Trade Union
Section 7A lays down that a person shall not be entitled to be-
(i) elected as an officer of a trade union if he has been convicted of an offence involving morel turpitude or an offence under clause (d) of sub-section (1) of section 16 or section 61; and
(ii) a member or officer of a trade union formed in any establishment or group of establishments if he is not, or was never, employed or engaged in that establishment or-group of establishments.
(iii) No worker shall be entitled to enroll himself as, or to continue to be, a member of more than one trade union at the same time : (Section 11B).
Penalty for dual membership of Trade Unions
Whoever enrolls himself as, or continues to be, a member of more than one trade union at the same time shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred Taka, or with both (Section 61B).
One Employer, one Establishment
Section 183 of the Labour Code introduces a scheme for ‘one employer one establishment’. The Industrial Relations Ordinance, 1969 was amended in 1990. The High Court Division held that workers of 'group of establishments' owned by separate owners cannot be considered to be workers of one group of establishments. They cannot, therefore, form one trade union.
3.3.25. purpose of trade union
The Bangladesh Labour Act, 2006 provides for registration of trade unions with a view to render lawful organisation of labour to enable collective bargaining. It also confers on a registered trade union certain protection and privileges. The Act extends to the whole of Bangladesh and applies to all kinds of unions of workers and associations of employers, which aim at regularising labour management relations. A Trade Union is a combination whether temporary or permanent, formed for regulating the relations not only between workmen and employers but also between workmen and workmen or between employers and employers. The principal purpose of the trade union must be within the scope of the thirteen Chapter Although the object with which a trade union is formed may be collective bargaining, the right of collective-bargaining is not included in the fundamental rights to form an association of union. Article 19(1) (c) A trade union may be formed for the purpose of regulating the relations between workmen and workmen; or workmen and employers or employers and employers. It may also be formed for the purpose of imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more trade unions. Some of the important objectives of a trade union are as follows
• The fundamental purpose of the trade union is to promote, generally, the social, civic and political interest of the working class;
• To secure speedy improvement of conditions of work and life and of status of the workers in industry and society;
• To secure increasing association of the workers in the administration of industry and their full participation in its control;
• To obtain for the workers various measures of social security, including adequate provision in respect of accidents, maternity, sickness, young persons and unemployment;
• To secure a living wage for every worker in normal employment and to bring about a progressive improvement in the workers standard of living;
• To establish just industrial relations;
• To secure redressal of grievances, without stoppage of work, by means of negotiation and conciliation and failing these, by arbitration of adjudication;
• To make necessary arrangement for efficient conduct and satisfactory and speedy conclusion of authorized strikes;
• To develop, in the workers a sense of responsibility towards
industry and the community;
• To raise the workers standard of efficiency and discipline.
Procedure of Registration
Step. 1: Application for Registration: Any trade union may, under the signature of its President and the Secretary, apply for registration of the trade union to the Registrar (Section 5)
Conditions for application for Registration of Trade Union: Section 6 lays down the following requirements for application for registration of a trade union:
Every application for registration of a trade union shall be made to the Registrar and shall be accompanied by~
(a) A statement showing— –
(i) The name of the trade union and the address of its Head Office;
(ii) Date of formation of the Union;
(iii) The tides, names, ages, addresses and occupations of the officers of the trade union;
(iv) Statement of total paid membership;
(v) in case of a federation of trade unions, the names, addresses and registration number of member unions;
(vi) in case of a trade union of transport vehicle workmen, total number of transport vehicles, the name and addresses of dieir owners, the route permit number of the vehicles and the number of workers in such vehicles;
(b) Three copies of the constitution of the trade union together with a copy of the resolution by the members of the trade union adopting such constitution bearing the signature of the Chairman of the meeting;
(c) A copy of the resolution by the members of the trade union authorising its President and the Secretary to apply for its registration; and
(d) In case of a federation of trade unions, a copy of the resolution from each of the constituent unions agreeing to become a member of the federation. .
Step 2: Duties of the Registrar on submission of an Application:
- The Registrar, on being satisfied that the trade union has complied with all the requirements of this Ordinance, shall register the trade union in a prescribed register and issue a registration certificate in
(2) In case the application is found by the Registrar to be deficient in a material respect or respects he shall communicate in writing his objection to the trade union within a period of 15 days from the receipt of the application and the trade union shall reply thereto within a period of fifteen days from the receipt of the objections (Sec. 8(1)).
(3) When the objection raised by the Registrar has been satisfactorily met, the Registrar shall register the trade union and issue a registration certificate. In case the objections are not satisfactorily met, the Registrar may reject the application (Sec. 8(2)).
Step 3: Issuing the Certificate of registration:
The Registrar, on registering a trade union under section 8, shall issue a certificate of registration in the prescribed form which shall be conclusive evidence that the trade unions has been duly registered under this Ordinance (section 9).
Appeal against the Decision of the Registrar:
In case the application has been rejected or the Registrar has, after settlement of the objections delayed disposal of the application beyond the period, of sixty days, the trade union may appeal to the Labour Court who for reasons to be stated in the judgment may pass a order directing the Registrar to register the trade union and to issue a certificate of registration or may dismiss the appeal.
Cancellation of Registration and Appeal
As a registration certificate is issued by the Registrar of Trade Unions, it may also be cancelled by the Registrar under the provisions of the IRO, 1969. In Indian Trade Unions Act, 1926 there was a provision of withdrawal of registration which is absent in the Industrial Relations Ordinance, 1969. The condition precedent to the issue of certificate of registration is the satisfaction of the Registrar that the provisions of this Act in regard to registration haven been fully complied with, but if after the issue of the certificate, the Registrar finds that his satisfaction was based on wrong assessment of the facts supplied by the Trade Union, he many cancel the certificate of registration.
A close scrutiny of section 10 of the IRO will reveal that cancellation of registration of a trade union will take three steps:
A. Fulfillment of the Grounds of Cancellation
B. Taking permission from the Labour Court; and
Legal Character and Advantages of a Registered Trade Union
Section 14 stipulates that a registered trade union shall be a body corporate by the name under which it is registered. It shall have perpetual succession and a common seal and the power to contract and to acquire, hold and dispose of property both movable and immovable, and shall by the said name, sue or be sued. Thus by virtue of its legal entity certain rights are accorded; duties are imposed and certain powers are conferred which may be called advantages of registration.
3.3.25. TRADE UNIONISM IN EPZ INDUSTRIES
Export Processing Zones (EPZ)
To assist establishment of export-oriented industries in furtherance of economic development, Export Processing Zones have been created under the Bangladesh Export Processing Zones Authority Act, 1980 where necessary infrastructural facilities including communication and utility connection have been provided. The Bangladesh Export Processing Zones Authority (BEPZA) approves all projects to be located in the EPZs. BEPZA (i) sanctions projects generally within one week; (ii) issues import/export permits; (iii) provides work permits for foreign nationals; (iv) provides required infrastructural facilities,; (v) provides utility services; (vi) offers one window same day service to the investors in the EPZs. BEPZA is vested with the responsibility to administer labour matters for all enterprises in EPZs. Law was initially made to forbid formation of any trade union in EPZs and strike by workers in EPZs was illegal.
Industries in the EPZs enjoy (i) tax holiday for 10 years; (ii) exemptions from income tax on interest on borrowed capital; (iii) relief from double taxation subject to bilateral agreement; (iv) complete exemptions from dividend tax for tax holiday period for foreign national; (v) duty free import of machinery, equipment, raw materials, materials for construction of factory building and (vi) duty free export of goods produced in the zones.
Industries in the zones also enjoy (i) freedom from national import policy restrictions,- (ii) import of raw materials allowed on Documentary Acceptance (DA) basis; (iii) advantages of opening back to back L/C for certain types of industries for import of raw materials; (iv) import of goods from the Domestic Tariff Area (DTA) permissible; (v) enterprises can sell 100% of their product to the DTA on payment of duties and taxes under certain conditions.
Trade Unionism in EPZ areas
Section 11A of the Export Processing Zones Act, 1980 which was inserted in 1984 provides for power to exempt such zones from operation of certain laws. It states that the Government may, by notification exempt a zone from the operation of all or any of the provisions of some enactments. Under the authority of this section the Government exempted the operation of the Industrial Relations Ordinance, 1969 which is the law dealing with forming and operating trade unions and Collective Bargaining Agents. As a result. It is not legal to organize a labor union in the EPZ factories establishments. However, the U.S. labor organization AFL-CIO petitioned the United States Trades Representative (USTR) to cancel the GSP (General Systeni of Preferences) for Bangladesh on the grounds that the right to form a labor union (freedom of association) is denied to the workers in the EPZ in violation of the legal acceptance by Bangladesh of the right of workers organizeand bargain collectivity. As a result, Bangladesh Government has been under pressure to allow trade unionism in EPZ areas. There arc arguments both for and against of trade unionism for workers in EPZ areas. First, at present there are 1,30,000 worker as labor force in EPZ areas. A recent survey of EPZ workers reveals the idea that workers in many establishments do not want trade unions1. Second, also the fact is the workers in the Zones are better paid and receive more benefits, than do workers in the domestic tariff area. This difference is estimated at about 25%. Third, the EPZs have been proved to be a great success for Bangladesh economy. Over the past several years export growth from the domestic tariff area has been 6.5% per annum while export growth from the EPZs has been growing at 23.8%.2 There is a continuing significant inflow of foreign investment into the zones. The prospect for continued growth of exports from and foreign investment in the zone is very bright. Fourth, since most of the workers in the zones are not in favour of trade unionism, it is argued that application of trade unionism in zones would be a forced element into labour capital relationship in the zones. Fifth, two of the main reasons for trade unionism are (i) to bargain to establish wages, benefits, and working conditions for workers; and (ii) to insure that workers are treated fairly by the employers.
However, the Government in line with the USTR demand issued a Gazette notification i» 2001 which stated that the prohibitions on freedom of association would end at the start of 2004. Accordingly in 2004 the EPZ Workers Associations and Industrial Relations Act, .2004 has been passed by the Parliament of Bangladesh. The Act seems to have been a compromise between a competing interest for and against of trade unionism in EPZ industries. This is because of the following features of the Act:
Simply we understand “Industrial dispute” means dispute between the employers or workers which occurred with the connection of establishment.But u/s 2(62) of the Code,2006 “Industrial dispute” means as any depute or difference between employers and employers or between employers and workers or between workers and workers which connected with the employment or non- employment or the terms of employment or the condition of work of any person.
Actually only the Collective Bargaining Agent is authorized to raise industrial disputes and negotiate with the management. Dispute may be collective or individual disputes. Collective dispute may be due to many causes e.g., hours of work, wages, bonus, holidays, retrenchment, closure etc. Collective disputes may be industrial disputes. A dispute of an individual workman in this case, a dismissed worker cannot be said to amount to an industrial dispute. A dispute between an individual workman and his employer is not an 'industrial dispute' if it is not raised by any collective bargaining agent and there will be remedy under 34 of the Industrial Labour Ordinance. An industrial dispute shall not be deemed to be in existence unless, as has been provided for in section 43 of the Industrial Relations Ordinance.
3.3.26. DEFINITION of strikes
The right to strike is recognized specifically by the law, but strikes were a common form of workers' protest and were recognized as a legitimate avenue for addressing unresolved grievances by the Bangladesh Labour Act, 2006. Strike means stoppage of work by a number of employees acting together in case of arising dispute in any establishment. A strike is the weapon used by workmen to force the employer to agree to their demand. According to section 2(22) of the Bangladesh Labour Act, "strike" means a cessation of work by a body or persons employed in any establishment acting in combination or a concerted refusal, or refusal under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment Black's Law Dictionary defines "strike" as an organized cessation or slowdown of work by employees to compel the employer to meet the employees' demands; a concerted refusal by employees to work for their employers, or to work at their customary rate of speed, until the employer grants the concessions they seek.
Lord Denning defined strike as a concerted stoppage of work by men done with a view to improving their wage or condition of employment, or giving vent to a grievance or making protest about something or other, or supporting of sympathizing with other workmen in such endeavour.
definition of illegal strike
A strike to obtain unlawful objectives, as in a strike to force an employer to stop doing business with particular company. Section 2(43) of the Act defines "Illegal Strike" as a strike declared, commenced or continued otherwise than in accordance with the provisions of Chapter Fourteen of this Act. 'A strike is legal if is does not violate ay provisions of the statute. A strike can not not be said to be unjustified unless the reasons for it are entirely perverse or unreasonable. Whether a particular strike was justified or not a is a question of fact which has to be judged in fhe light of fact and circumastanes of each case. The use of force or violence or act of sabotage resorted by the workmen during a strike disentitle of wages during the strike.
definition of illegal lock-out
Section 2(44) of the Act defines "Illegal Lock-out" as a lock-out declared, commenced or continued otherwise than in accordance with provisions of Chapter Fourteenth of this Act
A strike or lockout is declared illegal if it is commenced without giving notice of conciliation to the other party of the dispute, or if it is commenced or continued in a manner other than that provided by the Labour Act, 2006 or in contravention with this text u/s. 227(1)
.A lock-out declared in consequence of an illegal strike and a strike declared in consequence of an illegal lock-out shall not be deemed to be illegal.03 In case of an illegal strike or lockout, an Officer from the Labour Department may make a report to the Labour Court, and require the employer or CBA or the registered trade union concerned, to appear before the Court. The Court may, within 10 days, order the strike or lockout to be stopped. In case of contravention of the order of the Court by the employer, and if the Court is satisfied that the pursuance of the lock-out is causing serious hardship to the community or is prejudicial to the national interest, it may order the attachment of the factory and the appointment of art official receiver, who will exercise the powers of management and may do all such acts as are necessary for conducting business. In case of contravention of the order of the Court by the workers, the Labour Court may pass orders of dismissal against the striking workers, or cancel the registration of the trade union that committed such contravention.
The government may, however, prohibit the same after one month in the interest of the public. In the essential services like, (a) electricity, gas, oil & water supply etc. (b) hospital & ambulance service, (c) fire brigade, (d) railway & Bangladesh Biman and (e) ports etc., strike is prohibited.
Penalty for illegal strike or lock-out
In the process of collective bargaining the right of worker to go on strike and the right of the employer to declare lock-out in the establishment are the legitimate weapons which are given legal recognition under the modern industrial law. However, in order to put a check to the chaotic conditions the modern industrial legislation has regulated these rights in order to achieve the goal of harmonious industrial relations between the workers and the employers. With that end in view the Code has provided for certain penalties which can be imposed upon defaulting workmen and employers who resort to illegal strike or lock-out. The intention of the law makers in this regard is to allow these weapons to be made use of only as a last resort to resolve a dispute by means of conciliation, arbitration or compulsory adjudication for which ample provisions have been made in the Code. General provisions are laid down by the Code for punishing the guilty persons who deliberately contravene the provisions of chapter 14 by resorting to illegal strikes or lockout in complete disregard to the general social interest of the public at large
3.3.26. labour courts
Labour courts are tripartite courts established by the Government. The Labour Court adjudicates industrial disputes which have been, referred to or brought before it; inquires into or adjudicates any matter relating to the implementation or violation of a settlement which is referred to it by the Government; tries offenses under the Bangladesh Labour Act, 2006; and exercises and performs such other powers and functions conferred upon or assigned to it. While deliberating offenses, the Labour Court follows as nearly as possible procedure as prescribed under the Code of Criminal Procedure, 1898. For purposes of adjudicating and determining any industrial disputes, the Labour Court is deemed to be a Civil Court and retains the same powers as are vested in such Court under the Code of Civil Procedure, 1908 (Act V of 1908) including the enforcement of attendance and examination under oath, the production of documents and material objects, and the issuance of commissions for the examination of witnesses or documents.
formation of the labour court
Under section 214 of the Act the Government may establish as many Labour Courts as it considers necessary. A Labour Court shall consist of a Chairman and two members to advise him, however, in the case of trial of an offence or adjudication of any matter under Chapters Ten and Twelve it shall consist of the Chairman alone/.Among the two Members of the Labour Court one is to represent the employers and the other to represent the workers, and they will be appointed in the manner provided in sub-section (9).5 Where more than one Labour Court is established under sub- section (1), the Government shall specify in the notification the territorial limits within which each one of them shall exercise jurisdiction under this Act* All Labour Courts shall be subordinate to the Labour Appellate Tribunal.
qualification of Chairman & judges of the labour court
The Chairman of the Labour Court shall be appointed by the Government from amongst the sitting District Judges or Additional District Judges.7 The conditions of employment of the Chairman and Members of the Labour Court shall be determined by the Government.* » appointment of members of labour court Among the two Members of the Labour Court one is to represent the employers and the other to represent the workers, and they will be appointed in the manner provided in sub-section (9).' The Chairman shall, for hearing or adjudication of a specific industrial dispute, select one representative from each of the two panels constituted under sub-section (7), and the representatives so selected, together with the chairman, shall be deemed to have constituted the Labour Court in respect of that industrial dispute.'9 The Chairman may select any member from either of the panels as a Member of the Labour Court in respect of more man one case pending before the Labour Court. The Government shall constitute two panels of Members, one of which shall bear the names of six representatives of employers and the other six representatives of workers." The Government shall reconstitute the panels of members after every two years, but the members of the panels, notwithstanding the expiry of the said period of two years, shall continue on the panels till the new panels are constituted and notified in the official Gazette.
functions and jurisdiction of the labour court
Each Labour Court is subject to jurisdictional limitations derived by its geographical parameters or with respect to the industry or the classes of cases allocated Under section 214(10) a Labour Court shall have exclusive jurisdiction on the following matters, namely:
a) to a adjudicate and determine an industrial dispute which has been referred to or brought before it under this Act;
b) enquire into and adjudicate any matter relating to the implementation or violation of a settlement which is referred to it by the Government;
c) to try offences under this Act; and
d) to exercise and perform such other powers and functions as are or may be conferred upon or assigned to it by or under this Act or any other law.
powers of the labour court in cases other than trial of offences
Section 216(1) of the Act provides that a Labour Court shall for the purpose of adjudicating and determining any matter, question or
dispute except any offence under this Act, be deemed to be a Civu Court and shall have the same powers as are vested in such Court under the Code of Civil Procedure including the powers bf-
a) enforcing the attendance of any person and examining him on oath;
b) compelling the production of documents and material object;
c) issuing commissions for the examination of witnesses or documents;
d) delivering ex prate decision in the event of failure of any party to appear before the court;
e) setting aside ex prate decision;
f) setting aside the order of dismissal of a suit given in the, event of failure of any party to appear before the court;
g) so that the purpose of the case is not frustrated, the court may issue injunction against any party in the case.
proceedings of the labour court in cases other than trial of offences
According to section 216(2) of the Act, no court-fee shall be payable for filing, exhibiting or recording any document in, or obtaining any document from a Labour Court. The Labour Court shall, within not more than ten days of institution of a case, direct the opposite party through executor-process server or special bearer or through registered post or through both to submit its written statement or objections. The Labour Court may, for reasons recorded in writing, extend such time for not more than seven days in total/ If the opposite party fails to submit-written statement or objection within the time specified in the notice or extended, the case shall be decided ex parte S 36(2) Labour court in deciding a labour dispute under IRO is invested with the powers of a civil court available under the CP Act including delivering ex parte decision in the event of failure of a party to appear before it.
The Labour Court may, if it is satisfied that the dispute has been amicably resolved, allow the withdrawal of a case before it at any stage of the proceeding thereof upon consideration of an application signed by all die parties to the case after giving hearing both the parties.
appeal against judgment & award of labour court
Section 217 of the Act provides that any party aggrieved by an award, decision or Judgment of the Labour Court may prefer an appeal to the Labour Appellate Tribunal within sixty days of the delivery thereof and the decision of the Tribunal in such appeal shall be final.
Section 214(12) of the Act lays down that for the purpose of the Chapter 14, the Labour Court shall be deemed to be a civil court. 'The Labour Court acts as Civil Court for limited purpose but not a Civil Court at all. It is only by legal fixation or a statutory hypothesis that is to be treated as a Civil Court.' .'Labour Court acts as a civil court for limited purpose. It will not exercise power like those given in order IX or order XXXIX rule ICPC which the civil court may exercise in a suit"
The position is the Labour Court shall not be deemed to be a civil court while dealing with the individual disputes. The Labour Court constituted under the Ordinance (now repealed by the Labour Act) shall be deemed as civil court for the purpose of adjudication granting of injunction etc.Labour court would be deemed to be a civil court having powder to issue injunction order staying the proceeding in labour dispute. Consequently while determining such a dispute raised by an individual worker, the Labour Court shall not be deemed to be a civil court provision regarding temporary or permanent injunction are in the Specific Relief Act.
According to section 2(13) of the Act, "tribunal" means Labour Appellate Tribunal constituted under this Act. The tribunal as distinguish from the court, exercises judicial power and decides matters brought before judicially or quasi-judicially, but it does not constitute a court in the technical sense.
Comparison and Problems chapter
(4.1) Comparison between Bangladesh Labor Law and seven codes of conduct:
The program for “Promotion of Social, Environmental and Production Standards in the
Readymade Garments Sector”, in short referred to as PROGRESS, is funded by the German Ministry for Economic Development and Cooperation (BMZ). It is jointly implemented by the Ministry of Commerce (MoC) and the German Agency for Technical Cooperation (GTZ). It concentrates on increasing competitiveness and adherence to social and environmental standards in the ready made garment (RMG). One of the issues related to the RMG sector in Bangladesh is the existences of numerous different codes of conduct which suppliers have to adhere to. Besides, these codes, the suppliers must also comply with all the requirements of the national legislations. In 2006, the Bangladesh Labor Law went through some major revisions. The revisions combined 25 scattered Acts and Ordinances to formulate one updated code. PROGRESS undertook this in-house study to analyze seven leading codes of conduct which are prevalent to the Bangladeshi RMG sector and compare the codes with the newly revised national labor law by highlighting all deviations. The general codes of conduct for comparison considered for this study are Social Accountability International (SAI), Fair Wear Foundation (FWF), Fair Labor Association (FLA), Ethical Trading Initiative (ETI), Jo-In Code, Business for Social Compliance Initiative (BSCI) and Worldwide Responsible Apparels Program (WRAP).
4.2.A comparative analysis between the Bangladesh Labor Law 2006 and seven general codes of conduct
The Bangladesh Labor Law 2006 covers majority of the requirements of the general codes of conduct. It may be seen that across the board, majority of the general codes and the BLL 2006 state that no work below the age of 14 is allowed. According to SAI, the definition of a “child” is an individual below or equal to the age of 15 but the code states that if the national law sets the minimum age to be 14 (as per ILO Convention 138), the lower age will apply. The ETI and FLA codes state the same principle. The WRAP codes states that the minimum age should be at least 14. The BSCI code clearly states that the minimum age should be whatever is defined by the national labor law. However, the SAI, FWF and Jo-In codes are more strict and clearly state that the minimum age must be 15 or above. In the case of SAI, since Bangladesh is not included in the list of countries where ILO Convention 138 applies, the minimum age must be 15 or above even though the national labor law states that the minimum age is 14.Although the minimum age to work is 14, the BLL 2006 has a special clause which states that children between the ages of 12 and 14 may be employed to do “light work” that does not endanger his/her health, development or interfere with his/her education. As per section 44, it is mandatory that the hours of work should be arranged such that it does not interfere with the child’s school attendance. The BLL 2006 defines an adolescent as an individual between the ages of 16 and 18 years of age. The BLL 2006 states that an adolescent may work for a maximum of 5 hours a day, that is, 30 hours a week. However, they cannot work between 7:00pm to 7:00am. The work must be limited to a maximum of 2 shifts and one shift cannot exceed seven and a half hours of work. In the comparison matrix, it may be clearly seen that the requirements concerning adolescent labor is the same across the board.The issue of “assistance to replaced child workers” is not addresses in the Bangladesh Labor Law and the other 4 codes of conduct which are WRAP, FLA and FWF.The comparison matrix shows that besides BLL 2006, all the general codes of conduct cover the requirements under the forced labor category under the ILO Core Labor Standards. The rationale behind this is that the issue of forced labor is not that applicable in Bangladesh. Bonded labor and prison labor are non-existent in Bangladesh.The BLL 2006 does not mention the forced labor requirements, however, Article 34 of the Bangladesh Constitution prohibits any form of forced labor. Any law approving forced labor is null and void as per the constitutional framework of the Bangladesh legislation. Also, Bangladesh has ratified both the ILO Conventions 29 and 105 which cover all forced labor requirements.“Companies facilitate parallel means when restricted by law” requirement under the “freedom of association” category is not covered by the BLL 2006, WRAP, FLA or Jo-In codes. However, section 205 of the BLL 2006 clearly states that when a factory has more than 50 or more permanent workers are employed, a participation committee needs to be formed taking equal number of representatives from the workers and factory management. In factories where there are no trade unions, the workers representatives shall be nominated by the workers.Section 206 of the BLL 2006 states that the participation committee shall meet at least once every two months to discuss and exchange views and recommend measures for defined functions of the participation committee. The proceeding of each such meeting shall be forwarded to the Directorate of Labor and the conciliator within seven days of meetings.Under the “Discrimination” component of the ILO Core Labor Standards, the BangladeshLabor Law 2006 does not cover the origin/ethics, religion and political opinion. All the 7A comparative analysis between the Bangladesh Labor Law 2006 and seven general codes of conduct general codes of conduct cover these aspects. Although these aspects are not covered in the BLL 2006 but Article 28 of the Bangladesh Constitution clearly states that no discrimination against religion, cast, race, sex or place of birth is allowed. Discrimination on any ground is prohibited under the constitutional framework of the Bangladesh legislation.The BLL 2006 does fully cover the gender and trade union affiliation aspects.The Bangladesh Labor Law 2006 covers the ILO’s “Harassment and Abuse” requirements 100% but the law restricts all the subcomponents to females only. The remaining 7 codes of conduct do not have this restriction.Voluntary overtime is not covered by the Bangladesh Labor Law 2006 however since all forms of forced labor are prohibited according to the Bangladesh Constitution, all overtime is voluntary. The BLL 2006 states that overtime payments are double of the basic wages. All other codes state that they should be at a premium rate which is usually double of the basic wages. The Jo-In Code states that the overtime payment rate should be one and a half of the regular hourly compensation rate.The WRAP code of conduct allows excessive overtime (beyond the defined maximumallowed time period) in case of urgent business needs but the excessive hours should bemore than 12 weeks in a year. The leave and holidays requirements are fully covered by the BLL 2006 as well as the general codes of conduct. Sanitary conditions of food storage are not covered by the Bangladesh Labor Law, WRAP, FLA and FWF. But according to section 92 of the BLL 2006 states that all factories must have an in-house canteen for every 100 workers. Clean dormitories where provided are mandatory under all the other codes of conduct except the Bangladesh Labor Law 2006. The rationale behind this is that factories with dormitories are very rare in Bangladesh.
Problems of Labor Laws: Analysis of Bangladesh Labour Code, 2006:
Forced Labor and Child Labor:
The constitution prohibits forced and child labor. There are inspection mechanisms to guard against forced and child labor, but resources for enforcement are scarce. Regulations regarding minimum wages, hours of work and occupational safety and health are not strictly enforced. Nevertheless, there is believed to be little use of forced labor, though conditions for some domestic servants resemble servitude, and some trafficked women and children work as prostitutes. In a society as poor as Bangladesh's, the extra income obtained by children, however meager, is sought after by many families. In July 1995, Bangladesh garment exporters signed a memorandum that has virtually eliminated child labor in the garment export sector. Schools and a stipend program were established for displaced child workers. By November 1998, hundreds of schools serving thousands of former child workers were in operation. A system of fines and possible suspension of import/export privileges exists, and a monitoring system has been set up by the International Labor Organization.
The term “child labor” is often defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development.
- is mentally, physically, socially or morally dangerous and harmful to children; and
- interferes with their schooling by:
- depriving them of the opportunity to attend school;
- obliging them to leave school prematurely; or
- Requiring them to attempt to combine school attendance with excessively long and heavy work.
Worker's rights situation:
Workers' rights are highly violated in the country. Mass people are not aware of the rights of working people. Even the policy makers are not that much concerned. Civil society shows negligence towards the rights of the workers. The Constitution of the country guarantees rights to organize but unfortunately there are so many restrictions to form and join Trade Union in several types of industries and areas i.e. Govt. Employees, Export Processing Zones (EPZ), Rural Electrification Board, and all types of security and confidential staffs, Security Printing Press, employees of education/research institutions, hospitals and clinics, NGO's, Army, Police etc.
To meet the end of these violation and deprivation awareness should be raised among the workers themselves. Trade Union activists should be given more knowledge and power to build their capacity in collective bargaining and motivational activity.
Inadequate Maternity Leave:
The maternity leave is 1 weeks (8 weeks before and 8 weeks after child birth). However, the worker is not entitled to this benefit if she has worked for less than 6 months with the employer prior to the notice of requesting maternity leave. The law states three options for payment of maternity benefits. One option is the employer shall pay the total benefits for the preceding 8 weeks within 3 days after the worker has submitted the certificate stating the probability of child birth by a registered physician and shall pay the remaining amount after 3 working days on submission of the proof of birth. Another option is that the employer must pay all benefits together with 3 days from submission of the proof of child birth. The last option is the employer shall pay all the benefits for the preceding 8 weeks including the day of delivery. This payment must be made within 3 working days of submission of proof of pregnancy. The remaining payment may be made within the next 8 weeks after the proof of delivery has been submitted.
The BLL 2006 also states that the wage structure cannot be defined as per the sex of the worker so any form of discrimination against women is prohibited by the labor law as well as the overall constitution. Section 109 of the BLL 2006 clearly states that female workers are not allowed to work between the time period of 10:00pm and 6:00am without consent.
Lack of union's legal advisory system:
Multiplicity, in house union system, political tailing and lack of one single National Trade Centre, trade unions becoming weak day by day. Membership dues collection for union and rate of dues are very small size. For financial inability members are not getting so many services from the union. One of important service they required to get legal advice at the time of facing grievance handling, preparing court cases, protection of their rights etc. At present union has no such legal advisory system.
Professional legal support is costly:
Legal advice and legal support is always a costly service not in Bangladesh but. Workers income rate are very poor, their social security scheme are also weak. Working class are always facing serious problem when they get some problem on their job. Workers jobs are always on risk. The employers have so much power to terminate the job of workers. To face the legal court cases professional lawyer's services they need but their services are very costly. Workers have no ability to pay for that.
Understanding Labour Rights:
Labour rights are a very broad issue; however, it can be boiled down to the protection and respect of human life in the workplace and the right to work itself. Some components of labour rights are the rights to job safety, collective bargaining, and equal pay for equal work.
FORCED LABOR AND CHILD LABOR
The constitution prohibits forced and child labor. There are inspection mechanisms to guard against forced and child labor, but resources for enforcement are scarce. Regulations regarding minimum wages, hours of work and occupational safety and health are not strictly enforced. Nevertheless, there is believed to be little use of forced labor, though conditions for some domestic servants resemble servitude, and some trafficked women and children work as prostitutes. In a society as poor as Bangladesh's, the extra income obtained by children, however meager, is sought after by many families. For example: In July 1995, Bangladesh garment exporters signed a memorandum that has virtually eliminated child labor in the garment export sector. Schools and a stipend program were established for displaced child workers. By November 1998, hundreds of schools serving thousands of former child workers were in operation. A system of fines and possible suspension of import/export privileges exists, and a monitoring system has been set up by the International Labor Organization.
- To need provision a collective bargaining agent, implication of the labor code,2006
- To need a enforcement
- To need special provision on the women and maternity
- Necessity of a special provision on child labor
- Implementation of labor code as early as possible.
- Awareness of the labor and the employer for better understanding their places.
The Bangladesh Labor Law has gone through some majority revisions in 2006 which has made it into a strong piece of legislation. There are still few gaps and lackings which need to be adjusted and amended. As implementation of the revised law is ongoing, numerous other deficiencies might gradually be identified over time. where violated the constitution. There are inspection mechanisms to guard against forced and child labor, but resources for enforcement are scarce. Legal advice and legal support is always a costly service not in Bangladesh Multiplicity, in house union system, political tailing and lack of one single National Trade Centre, trade unions becoming weak day by day.the Bangladesh Labour Code passed in 2006 but after three years there no Collective Barganing Agent.
However, it is not still 100% perfect if it we want to be perfect then need to be enforcement and implementation.
(5.4) List of Cases:
AH India Bank Officers' Confederation vs. Union of India, AIR 1989 (SC) 2049,204 .
Dosta Textile Mills Vs. S.B. Nath, 40 DLR (AD)(1988) 45.
Engineering Mazdoor Sabha vs. Hindu Cycles Ltd., AIR 1963 (SC) 874,878
Ibrahim Shaikh Vs. Chairman, Labour Court, Khulna Division, 47 DLR (1995) 498.
Kurian vs. SR. Lewine, AIR 1979 (SC) 52, 56.
Labour Court, 39 DLR (1987) 128
Mujibur Rahman Sarkar vs. labour Court, Khulna, (1981)31 DLR301.
Matiur Rahman Md vs. Peoples' Republic of Bangladesh & other, 55 DLR (2003) 26.
Managing Director, Rupali Bank vs. First Labour Court, 46 DLR (1994) 143.
Meghna Petroleum Ltd Vs. First Labour Court, Chittagong, 10 MLR (2005) AD 155.
Mills Vs. Chairman, Labour Court, 39 DLR (1987) 128.
N.Subba Reddy vs. Andhra University, AIR 1976 (SC) 2049, 2053.
Pubali Bank vs. the Chairman, Firsi Labour Court, 44 DLR (AD) 40.
Pubali Bank Vs. Chairman, 39 DLR (1987) 128; Adamjee Jute Mills Vs. Chairman,
Pubali Bank Vs. Chairman, Labour Court, 39 DLR (1987) 128;
Pubali Bank Ltd. V. Chairman, Labour Court, 38 DLR (1986) 427
Rupali Bank vs.Chairman, second Labour Court, Dhaka,22 BLD (HCD) 143.
Rupali Bank vs. Chairman, Second Labour Court, Dhaka, 22 BLD (HCD) 143.
Sourendra Kumar Verma etc. vs. The Central Government Industrial Tribunal ect.,AIR(1981)Sc 422).As Cited by Dr.Zulf
Santosh Gupta vs. state Bank of Patiala,AIR1978(SC)8.
Samir Malaker vs. The Chairman, Divisional Labour Court, Khulna & others, 23 BLD(HCD)417
Sonali Bank v Chondon Kumar Nandi 48DLR(AD)62
Sonali Bank vs. Chandan Kumar Nandi, (1996) 48 DLR (AD) 62.
V V Giri, Labour Problems in Indian Industry, (3rd ed., New Delhi: Asia Publishing House; 1972), pp. 30-32.
(5.5) Bibliographical Index:
- Black's Law Dictionary, p.314.
- Dr.Zulfiquar Ahamed,A text Book of the Bangladesh Labour Act,2006,Shams Publication,Dhaka:1205,First Published:July,2007
- Prof.A.A.Khan,Bangladesh labour and Industrial Law,Provati Prokashoni,Dhaka,1205,revised up to:15th March,1997.
- Nirmallendu Dhar, labour and Industrial Laws Of Bangladesh with hints on questions and answers,Remisi Publishers,Dhaka1000,First Published,20th August 2007
- Md.Abdul Halim(Barrister-at-law)The Bangladesh Labour Code,2006,CCB Publication,Dhaka1000,First Published,July:2008
- Md.Abdul Halim(Barrister-at-law),The text Book on labour and Industrial Law Of Bangladesh, CCB Publication,Dhaka1000,Frist Published:2005
- Bertram F. Willcox,’A sketch of the Federal Law of Labor in the United states,Aligarh Law Journal,(1965)p.3
- International Labor law Office, Collective Bargaining (a Worker’s Education Manual),Geneva(1960),p3
- V V Giri, Labour Problems in Indian Industry, (3rd ed., New Delhi: Asia Publishing House; 1972), pp. 30-32.
- Wiliiam T. Schantz and Leonard F. Robertson,loc.cit
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First Published, 2007