COMPENSATION FOR INJURY CAUSED BY ACCIDENT
- Liability of the employer to pay compensation.—(1) If a worker is bodily injured by an accident arising out of the course of his employment, his employer shall be liable to pay him compensation in accordance with the provisions of this Chapter.
(2) An employer shall not be liable to pay such compensation, if—
- a worker does not lose the ability to work, in whole or in part, for a period exceeding three days due to injury;
- the cause of injury to a worker, not resulting in death, by the accident directly attributed to—
- the worker having been at that time under the influence of drink or drugs;
- the willful disobedience by the worker of a clear order or to rules made for the purpose of securing the safety of workers; ,
- the willful removal or disregard by the worker of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of workers.
- any worker, employed in any employment specified in “Part-A” of the Third Schedule, is attacked with any disease specified therein as an occupational disease peculiar to that of employment; or
- a worker, while in the service of an employer for a continuous period of not less than 6 (six) months in any employment specified in Part-B of the Third Schedule, is attacked by any disease specified therein as an occupational disease peculiar to that employment,
being attacked of such disease shall be deemed to be an injury by accident within the meaning of this section, and, unless the employer proves the contrary, such accident shall be deemed to have arisen out of the course of his employment.
Explanation.—For the purposes of this sub-section, a period of service shall be deemed to be continuous if the service of the same kind under any other employer is not joined therewith.
- The Government may, by notification in the official Gazette, add any description of employment to the employments specified in the Third Schedule, and in that case, shall specifically mention what shall be the occupational disease peculiar to that employment, and there after the provisions of sub-section (3) shall be so applied as if such disease were declared as occupational disease peculiar to that employment under this Chapter.
- Save as provided by sub-sections (3) and (4), no compensation shall be payable to a worker in respect of any disease unless the disease is directly attributable to an injury by accident arising out of the course of his employment.
- Nothing herein contained shall be deemed to confer any right to compensation on a worker in respect of any injury if he has instituted a suit for damages for such injury in a civil Court against the employer or any other person.
- No suit for damages, in respect of any injury, shall be instituted by a worker in any Court, if—
- he submits an application claiming compensation in respect of such injury before a Labour Court; or
- there is an agreement between him and his employer providing for the payment of compensation in respect of such injury in accordance with the provisions of this Chapter.
- For the purposes of this Chapter, “worker” means any person employed by the employer directly or through contractors, who is—
- a railway servant as defined in section 3 of the Railways Act, 1890 (Act No. IX of 1890) (who is not employed in any permanent post of any administrative, district or upazilla office of the railway, and also not employed in any post specified in the Fourth Schedule); or
- employed in any post specified in the Fourth Schedule;
whether the contract of his employment is oral or in writing, expressed or implied, and any reference to a injured worker shall, if he dies, include his dependents or any of them.
Explanation.—For the purposes of this Chapter, the exercise of power or performance of duty by a local authority or by any department acting on behalf of the Government shall, unless a contrary intention appears, be deemed to be the trade or business of such authority or department.
- Amount of compensation.—(1) Subject to the provisions of this Chapter, the amount of compensation shall be as follows, namely:—
- where death results from the injury, the sum mentioned in the second column of the Fifth Schedule1 [:]
2[Provided that this amount of compensation shall be in addition to the compensation relating to his normal retrenchment of, dismissal from, termination of, or resignation from, service;]
- where permanent total disablement results from the injury—
-    [irrespective of the worker is adult or minor], the sum
mentioned in the third column of the Fifth Schedule; and
- where permanent partial disablement results from the injury,—
- in the case of injury specified in the First Schedule, such percentage of the compensation which would have been payable in the case of permanent total disablement which is equal to the ratio specified therein as being the percentage of the loss of earning capacity caused by that injury;
- in the case of an injury not specified in the First Schedule, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity permanently caused by the injury; and
- where temporary disablement, whether total or partial, results from the injury, a monthly compensation shall be payable on the first day of the month following the month in which it is due after the expiry of a waiting period of 4 (four) days from the date of disablement and thereafter shall be payable for the period of disablement or for a period as specified in the last column of the Fifth Schedule, whichever is shorter.
- Where more than 1 (one) injury is caused by the same accident, the amount of compensation payable under sub-section (1)(c) shall be aggregated, but not in such a way as to exceed the amount which would have been payable if permanent total disablement would resulted from the injuries.
- If the disablement ceases before the date on which any monthly compensation is payable, a sum proportionate to the duration of the disablement in that month shall be payable in respect of that month.
- Method of calculating wages.—(1) For the purposes of this Chapter “monthly wages” means the amount of wages deemed to be payable for work of 1 (one) month, whether the wages is payable by month or by other period or at piece rates.
- Such wages shall be calculated as follows, namely:—
- where the worker was in the service of the employer who is liable to pay compensation for a continuous period of not less than 12 (twelve) months immediately preceding the accident, the monthly wages of the worker shall be ^ (one-twelfth) of the total wage to be paid to him by the employer for the preceding 12 (twelve) months;
- where the worker was in the service of the employer who is liable to pay the compensation for a continuous period of less than 1(one) month immediately preceding the accident, the monthly wage of the worker shall be the sum equal to the monthly average of income which, during the 12 (twelve) months immediately preceding the accident, was being earned by a worker employed on the same work by the same employer, or, if there was no worker so employed, by any other worker employed on similar work in the same locality;
- in other cases, the monthly wages shall be the sum arrived at on the basis of the following calculation:
30 (thirty) times of the total wages earned from the employer who is liable to pay compensation for a continuous period of service immediately preceding the accident divided by the number of days comprising such period.
Explanation.—For the purposes of this section, any period of service shall be deemed to be continuous which is not interrupted by a period of absence from work for exceeding 14 (fourteen) days.
- Review.—(1) Any monthly compensation payable under this Chapter, whether under an agreement between the parties or under an order of the Labour Court, may be reviewed by the Labour Court, if—
- an application is made either by the employer or by the worker accompanied by a certificate of a registered medical practitioner stating that the condition of the worker has been changed; or
- besides such certificate, an application is made either by the employer or by the worker on the ground that the compensation was fixed by fraud or undue influence or other improper means or from the record it is clearly seen that such fixation was wrong.
- Subject to the provisions of this Chapter, any monthly compensation may, on review under this section, be continued, increased, decreased or stopped, or if it is found that permanent disablement results from the accident, the monthly compensation payable may be converted to the lump sum to which the worker is entitled, but the sum already received as monthly compensation shall be deducted from it.
- Payment of monthly compensation by lump-sum.—(1) The employer may pay monthly compensation payable to a worker by paying a lump-sum amount on the basis of the agreement between the parties.
(2) If there is no such agreement and the payment of compensation continues for not less than 6 (six) months the monthly compensation may be redeemed, on the application of either party, by the payment of such lump sum amount as may be determined by the Labour Court.
- Distribution of compensation.—(1) No compensation payable in respect of a worker died from injury and no lump sum amount payable as compensation to a person under a legal disability, shall be paid otherwise than by making deposit with the Labour Court.
- If any compensation mentioned in sub-section (1) is paid directly by an employer, it shall not be deemed to be a payment of compensation, unless the concerned worker, during the period of his employment, has nominated in the manner prescribed by rules any of his heirs to receive the compensation in the event of an injury resulting in his death and the compensation is paid to that nominated heir.
- Notwithstanding anything contained in sub-section (1), in the case of a deceased worker, the employer may make advance payment as compensation to any of his dependents, and the Labour Court shall, deducting such advance from the compensation payable to such dependent, refund it to the employer 1[:]
2[Provided that where, in the case of a deceased worker, any amount is paid for his burial or treatment or carrying of dead body, it shall not be deducted from any amount paid in advance by the employer or from the compensation payable to the dependents through the Labour Court.]
- Any other sum payable as compensation may be deposited with the Labour Court on behalf of the person entitled thereto.
- A receipt given by the Labour Court shall be a sufficient discharge in respect of any compensation deposited with it.
- On the deposit of any money as compensation in respect of a deceased worker under sub-section (1), the Labour Court may, if necessary, by a notice published, or served on each dependent, in such manner as it thinks fit, call upon the dependents to appear before it on such date as it may fix for determining the distribution of the compensation.
- If the Labour Court is satisfied after any enquiry, which it may deem necessary, that there exists no dependent, the Court shall, after not less than 2 (two) years following the date of deposit, transfer the undistributed money deposited with it for the welfare of workers to such fund which the Government may, by notification in the official Gazette, specify or establish.
- The Labour Court shall, on an application by the employer, furnish him a statement showing in detail all disbursements made by it.
- Any compensation deposited in respect of a deceased worker shall, subject to any deduction made under the provisions of sub-section (3), be apportioned among the dependents of the deceased worker or among any of them in such proportion as the Labour Court thinks fit, or the Labour Court may, in its discretion, allot it to any one dependent.
- Where any compensation deposited with the Labour Court is payable to any person, the Labour Court shall, if the person to whom the compensation is payable is not under any legal disability, pay to him, and in other cases, may pay to the person entitled thereto.
- Where any lump sum deposited with the Labour Court is payable to a person who is under a legal disability, such sum may be invested or applied for the benefit of such person during his disability in such manner as the Labour Court may direct.
- Where a half monthly compensation is payable to any person who is under a legal disability, the Labour Court may, on its own or on an application, give order to pay such compensation during his disability to any dependent of the concerned worker or to any other person whom the Labour Court thinks fit to provide for the welfare of such worker.
- Where on an application or otherwise the Labour Court is satisfied that due to negligence of a parent to heir her children, or due to changes of the circumstances of any dependent, or for any other sufficient reason, any order of the Labour Court as to the distribution of any sum paid as compensation or any order of such Court as to the investment or application of any compensation payable to any such dependent is to be varied, the Labour Court may make such order for the variation of its former order as it thinks fit in the circumstances of the case:
Provided that if such order is prejudicial to any person, such order shall not be made, unless such person has been given an opportunity of showing cause against such order, or in any case in which it is necessary to make repayment by the dependent of any sum already paid to him as compensation.
- Where the Labour Court varies any order under sub-section (13) on the ground that the payment of compensation to any person has been obtained by fraud, impersonation or any other improper means, any compensation so paid may be recovered from him under the provisions of section 329.
- Prohibition to assign, attach or charge compensation.—Save as provided in this Chapter, any lump sum or monthly compensation payable under this Chapter shall not be assigned, attached or charged, or shall not be transferred to any person other than the worker by operation of any law, or shall not be set off any claim against the same.
- Notice and claim.—No claim for compensation shall be considered by the Labour Court, unless a notice of the accident is given in the manner hereinafter provided as soon as practicable after the occurrence thereof and unless the claim is preferred within 2 (two) years of the occurrence of the accident or in case of death within 2 (two) years of the date of death.
- Where the accident is the contracting of a disease in respect of which the provisions of section 150 (3) is applicable, the accident shall be deemed to have occurred on the first day of the continuous absence of the worker in consequence of the disablement caused by the said disease.
- Any defect or irregularity in or want of a notice shall not be a bar to the consideration of a claim—
- if the claim is preferred in respect of the death of a worker resulting from an accident which occurs—
- on the house or premises of the employer; or
- at the place where the worker was working under the control of the employer or of any person employed by him; and the worker died on such house or premises or place, or died before having left the vicinity of the house or premises or place; or
- if the employer or any person responsible to the employer for the management of the trade or business in which the injured worker was employed had knowledge of the accident from any other source at or about the time when it was occurred.
- The Labour Court may consider and decide any claim to compensation in any case notwithstanding that the notice is not given, or the claim is not preferred, in due time, as provided in the aforesaid sub-section, if it is satisfied that there was sufficient reason for the failure to give such notice or prefer such claim.
- In every such notice the name and address of the person injured shall be mentioned and the cause of the injury and the date of the accident shall be stated in easy language, and shall be served on the employer or upon any person responsible to the employer for the management of the trade or business in which the injured worker was employed.
- A notice under this section shall be served by delivering it at, or sending it by registered post addressed to, the residence or office, or place of business of the person on whom it is to be served, or where a notice-book is maintained, by making an entry in the notice-book.
- Power to require from employer statement regarding fatal accident.—(1)
Where a Labour Court receives information from any source that a worker has died as a result of an accident arising out of, and in the course of, his employment, it shall send, by registered post, a notice to the worker’s employer requiring him to submit, within 30 (thirty) days of the service of the notice, a statement, in the form prescribed by rules, giving the reasons and circumstances attending the death of the worker, and indicating whether, in the opinion of the employer, he is or is not liable to deposit compensation on account of the death,
- If the employer is of the opinion that he is liable to deposit compensation, he shall make the deposit within 30 (thirty) days of the service of the notice.
- If the employer is of the opinion that he is not liable to deposit compensation, he shall, in his statement, state the grounds of it.
- Where the employer disclaims his liability as mentioned above, the Labour Court may, after such enquiry as it may think fit, inform any of the dependents of the deceased worker that it is open to the dependents to prefer a claim for compensation, and may provide them such other information, as the Court thinks fit.
- Report of fatal accident.—Where, by any law for the time being in force, any notice is required to be given to any authority, as to the death resulting from an accident occurring in the house or premises of an employer, the employer or any other person on behalf of him shall, within 7 (seven) days of such death, send a report to the Labour Court giving the cause and surrounding circumstances of the death.
- Medical examination.—(1) Where a worker gives notice of an accident, the employer shall, within 3 (three) days of service of such notice, cause the worker to be examined 1[at the expense of the employer] by a registered medical practitioner and the worker shall submit himself for such examination:
Provided that if the accident or illness of the worker is of grave nature, the employer shall cause him to be examined at the place where the worker is staying.
(2) If any worker continues to receive monthly compensation under this Chapter, he shall, if so required, submit himself for such examination from time to time.
- Where a worker is not examined as aforesaid, he may get himself examined by a registered medical practitioner and the employer shall be liable to pay him the expenses for such examination.
- No worker shall be ordered to present himself for medical examination under sub-section (1) or (2) otherwise than in accordance with rules made under this Chapter or on any day other than the day prescribed by rules.
- If a worker being ordered by the employer under sub-section (1) or (2) or by the Labour Court at any time, refuses to present himself to the registered medical practitioner for medical examination or in any other way obstructs the same, his right to compensation shall remain suspended during the continuance of such refusal or obstruction, unless, in the case of refusal, he was prevented by sufficient cause from so presenting himself.
- If a worker, before the expiry of the period within which he is supposed to present himself for medical examination under sub-section (1) or (2), voluntarily leaves, without having been so examined, the vicinity of his place of employment, his right to compensation shall remain suspended until he returns or offers himself for such examination.
- If a worker, whose right to compensation is suspended under sub-sections
- and (6) dies without having present himself for medical examination as required under any of the foregoing sub-sections, the Labour Court may, if it thinks fit, direct for the payment of compensation to the dependents of the deceased worker.
- Where under sub-section (5) or (6) the right to any compensation is suspended, no compensation shall be payable in respect of the period of suspension and if the period of suspension commences before the expiry of the waiting period referred to in section 151(1)(b), the waiting period shall be increased by the duration of suspension.
- Where an injured worker, being offered by the employer of medical treatment by a medical practitioner free of charge, refuses to accept it, or having accepted such offer deliberately disregards the instructions of such medical practitioner, and if it is proved that the worker has not thereafter been regularly attended by a registered medical practitioner or having been so attended has deliberately failed to follow medical practitioner’s instructions and such refusal, disregard or failure was unreasonable in the circumstances of the case and the injury is aggravated thereby, the injury and the disablement evident from it shall be deemed to be of the same nature and duration as they might have reasonably been expected to be if the worker had been regularly attended by a registered medical practitioner and had followed his instructions, and the compensation, if any, shall be payable accordingly.
- Where any employer or the injured worker is not satisfied with the report of the medical examination by a registered medical practitioner, he may refer the case for re-examination by a medical specialist of at least the rank of an Associate Professor of a Medical College, and the expenses incurred for such examination shall be borne by the employer or the worker, as the case may be.
1[(11) Where in any establishment at least 10 (ten) workers are working, the employer of such establishment may introduce and implement an insurance scheme against accident under group insurance programme for the workers, and the benefits or money received from such accident insurance scheme shall be spent for the treatment of the workers.]
- Compensation in the case of a contract.—(1) Where any employer in the course of his trade or business or for the purposes of it contracts with any other person, hereinafter in this section referred to as the ^contracting agency], for the execution of the whole or any part of any work which is ordinarily the part of his trade or business, the said employer shall be liable to pay to any worker employed by the contractor for the execution of the work any compensation which he would have been liable to pay if the worker had been directly employed by him and where compensation is claimed from the employer the wages received from the contractor shall be taken into cognizance for fixing the compensation.
2[(2) Where sub-section (1) applies, all compensation shall be paid by the principal or original employer.
(3) Where the principal or original employer is of the opinion that the occurrence of death or injury of the concerned worker has been specially and in fact occurred as a result of violation of any rules of conduct on behalf of the contractor, he may, after depositing the full amount of compensation in the Labour Court (in the case of the death of the worker) or after payment of the prescribed amount of money to the worker concerned (in the case of the injury of the worker), apply to the Chief Inspector to determine the share of the said amount which should be paid by the contractor to the principal or original employer, and the Chief Inspector shall, within 45 (forty five) days of receipt of the application, dispose of it according to rules.]
- Insolvency of the employer.—(1) Where any employer is entered into a contract with any insurer in respect of any liability of the workers under this Chapter, in the event of the employer becoming insolvent or making a scheme of arrangement with his creditors, or if the employer is a company and it commences to be wound up, the right of the employer against the insurer in respect of such liability shall, notwithstanding anything contained in any other law for the time being in force relating to insolvency or the winding up of a company, be transferred to and vest in the worker, and upon any such transfer the insurer shall have the same rights and remedies and be subject to the same liabilities, as if he were the employer, provided that the insurer shall not be under any greater liability to the workers than the employer would have been to the workers.
(2) If the liability of the insurer to the worker is less than that of the employer, the worker may prove it in the insolvency or liquidation proceedings.
*The words “contracting agency” was substituted for the words “contractor” by section 46(a) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).
2Sub-section (2) and (3) were substituted for original sub-section (2), (3) and (4) by section 46(a) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).
- Where in any such case as is referred to in sub-section (1), the contract of the employer with the insurer is void or voidable by reason of non-compliance on the part of the employer with any terms and conditions of the contract, other than the payment of the premium, the provisions of the said sub-section shall apply as if the contract were not void or voidable, and the insurer shall be entitled to prove in the insolvency or liquidation proceedings the amount paid to the worker:
Provided that the provisions of this sub-section shall not apply in a case where the worker fails to give notice to the insurer of the accident and of any resultant disablement after as soon as practicable, the initiation of the insolvency or liquidation proceedings became known to him.
- Any compensation, the liability for payment of which arose before the date of the order of adjudication of an insolvent or, as the case may be, before the date of the commencement of the winding up proceedings of a company, shall be deemed to have been included among the debts which are repayable in priority over all other debts under section 49 of the Insolvency (Dacca) Act, 1909 (Act No. III of 1909), or under section 61 of the Insolvency Act, 1920 ( Act No. V of 1920) and under section 230 of the Companies Act, 1994 (Act No. XVIII of 1994), in the case of distribution of the property of the insolvent or in the case of distribution of the assets of the company being wound up and the said Acts shall have effect accordingly.
- Where the compensation is a monthly payment, the amount due in respect thereof shall, for the purposes of this section, be taken to be the amount of the lump sum for which the monthly payment could, if redeemable, be redeemed if application were made for that purpose under section 154, and a certificate of the Labour Court as to the amount of such lump sum shall be conclusive proof thereof.
- The provisions of sub-section (4) shall apply in the case of any amount for which an insurer is entitled to prove under sub-section (3), but such provision shall otherwise not apply where the insolvent or the company being wound up has entered into such a contract with insurer as is referred to in sub-section (1).
- The provisions of this section shall not apply where a company is wound up voluntarily for the purposes of reconstitution or of amalgamation with another company.
- Special provision for the master and seamen.—(1) This Chapter shall, subject to the provisions of this section, apply to the master or seaman of a ship.
(2) The notice of any accident and the claim for compensation shall, except where the person injured is the master of the ship, be served on the master of the ship as if he were the employer, but where the accident occurred and the disablement commenced on board the ship, it shall not be necessary for any seaman to give any notice of the accident.
- In the case of death of a master or a seaman, the claim for compensation shall be made within 6 (six) months after the news of the death is received by the claimant or, where the ship is or is deemed to have been lost with all, within 18 (eighteen) months of such lose or so deemed to have been lost.
- Where the injured master or seaman is discharged or left behind in a foreign country, any deposition taken by any Judge or Magistrate of that country or by any Consular Officer in that country and transmitted to the Government by him shall be admissible in evidence in proceedings for enforcing any claim, if-
- the deposition is authenticated by the signature of the said Judge, Magistrate or Consular Officer;
- the defendant or the person accused had an opportunity to crossexamine the witnesses; and
- where the deposition was taken in the course of a criminal proceeding, it is proved that the deposition was taken in the presence of the person accused;
and it shall not be necessary in any case to prove the signature or rank of the person appearing to have signed any such deposition and a certificate by such person that the defendant or the person accused had an opportunity to cross-examine the witness and that the deposition, if taken in a criminal proceeding, was taken in the presence of the person accused shall, unless the contrary is proved, be sufficient evidence that he had got the opportunity and that it was so made.
- No monthly payment as compensation shall be payable in respect of the period during which the owner of the ship is, under any law for the time being in force in Bangladesh relating to merchant shipping, liable to defray the expenses of maintenance of the injured master and seaman.
- No compensation shall be payable under this Chapter in respect of any injury in respect of which provision is made for payment of a gratuity, allowance or pension under the War Pension and Detention Allowances (Mercantile-Marine, etc.) Scheme, 1939 or the War Pensions and Detention Allowances (Indian seamen, etc.) Scheme, 1941, made under the Pensions (Navy, Army, Air Force and Mercantile- Marine) Act, 1939, or under the War Pensions and Detention Allowances (Indian seamen) scheme, 1942 made by the Government.
- Failure to give a notice or making a claim or commence proceeding within the time specified under this Chapter shall not be a bar to the commencement of proceedings under this Chapter in respect of any personal injury, if—
- any application is made for payment in respect of that injury under any of the schemes referred to in sub-section (6); and
- the Government certifies that the said application was made in the reasonable belief that the injury was one in respect of which the application was made under a scheme in which, there was provision for payment of money and that the application was rejected or the payment in pursuance of the application were discontinued on the ground that the injury was not such an injury; and
- the proceedings under this Chapter are commenced within 1 (one) month from the date on which the said certificate of the Government was given.
- Return as to compensation.—The Government may, by notification in the official Gazette, direct that every person employing workers or any class of such persons, shall send, at such time and in such form and to such authority, as may be specified in the notification, a correct return specifying the number of injuries in respect of which compensation was paid by the employer during the previous year and the amount of such compensation, together with such other particulars as to the compensation as the Government may direct.
- Agreement as to indemnity or reduction of liability be void.—Any
agreement, made before or after the commencement of this Act, whereby a worker relinquishes any right of compensation from the employer for personal injury arising out of or during the course of the employment, shall, to such extent as to remove or reduce the liability of any person to pay compensation under this Chapter, be void.
- Certain questions shall be sent to Labour Court for settlement.—(1)
If any question arises in any proceedings under this Chapter as to the liability of any person to pay compensation or whether the injured person is or is not a worker, or the amount or duration of compensation, or any question as to the nature or extent of disablement, the question shall, in the absence of an agreement, be settled by the Labour Court.
(2) No civil Court shall have jurisdiction to settle any question which is by or under this Chapter required to be settled by the Labour Court or to enforce any liability incurred under this Chapter.
- Venue of proceedings.—Where any matter under this Chapter is to be done by or before a Labour Court, the same shall, subject to the provisions of this Chapter and any rule, be done by or before that Labour Court having jurisdiction in the area in which the accident took place resulting the injury:
Provided that where the worker is the master of a ship or a seaman, any such matter shall be done by or before a Labour Court having jurisdiction in the area in which the owner or agent of the ship resides or carries on business.
- Condition of application.—No application, other than the application by1[the worker who himself suffers losses or by a dependent] for compensation, for the settlement of any matter by a Labour Court under this Chapter, shall be made, unless the both parties have failed to settle the question raised as to such matter by agreement.
- Power of the Labour Court to require more deposit in cases of fatal accident.—(1) Where any sum is deposited by the employer as compensation payable in respect of a worker whose injury has resulted in death, and in the opinion of the Labour Court such sum is insufficient, the Court may, by notice in writing stating its reasons, call upon the employer to show cause as to why he should not make a further deposit within such time as my be specified in the notice.
(2) If the employer fails to show cause to the satisfaction of the Labour Court, the Court may make an award determining the total amount payable as compensation and require the employer to deposit the deficiency.
- Registration of agreements.—(1) Where the amount of any lump sum payable as compensation is fixed by an agreement, either by way of redemption of a monthly payment or otherwise or where such fixed compensation is payable to a person under a legal disability, a memorandum thereof shall be sent by the employer to the Labour Court, and the Court shall, on being satisfied as to its genuineness, record it in a register in the manner prescribed by rules:
- no such memorandum shall be recorded before the expiry of 7 (seven) days of communication thereof to the parties by the Labour Court;
- the Court may at any time rectify the register;
- if it appears to the Labour Court that an agreement as to the payment of a lump sum, whether by way of redemption of a monthly payment or otherwise, or an agreement as to the amount of compensation payable to a person under a legal disability, should not be registered by reason of the inadequacy of the sum or amount or by reason of having been obtained by fraud or undue influence or other improper means; the Court may make such order as to any sum already paid under the agreement, as it thinks just in the circumstances.
(2) Notwithstanding anything contained in any other law, an agreement for the payment of compensation registered under sub-section (1) shall be enforceable under this Act.
- Effects of failure to register agreement.—Where a memorandum of any agreement required to be registered under section 170 is not sent to the Labour Court under that section, the employer shall be liable to pay the full amount of compensation which is payable by him under this Chapter, and he shall not, unless the Labour Court otherwise directs, be entitled to deduct more than half of any amount paid to the worker by way of compensation, whether under an agreement or otherwise.
xThe words “a worker who himself suffers losses or by a dependent” were substituted for the words “a dependent” by section 47 of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).
- —(1) An appeal shall lie to the Tribunal against the following orders of a Labour Court under this Chapter, namely:—
- an order awarding as compensation a lump sum whether by way of redemption of a monthly payment or otherwise, or disallowing a claim in full or in part for a lump sum;
- an order refusing an application to allow redemption of a monthly payment by payment of money;
- an order providing for the distribution of compensation among the dependents of a deceased worker, or an order disallowing any claim of a person alleging himself to be such dependant;
- an order allowing or disallowing any claim for any amount of compensation under the provisions of section 161 (2);
- an order refusing to register a memorandum of agreement or registering the same or providing for registration thereof , subject to conditions; or
- an order under section 155 (7).
- No appeal shall lie in any case in which the parties have agreed to abide by the decision of the Labour Court or in which the order of the Labour Court gives effect to an agreement entered into by the parties.
- No appeal by an employer under sub-section (1) (a) shall lie, unless the memorandum of appeal is accompanied by a certificate by the Labour Court to the effect that the appellant has deposited with it the amount payable under the order concerned.
- No appeal shall lie against any order unless a substantial question of law is involved in the appeal, and no appeal shall lie against an order, other than the order as is referred to in sub-section (1) (b), unless the amount in dispute in the appeal is not less than 1,000 (one thousand) taka.
- The period of limitation for an appeal under this section shall be 60 (sixty)
- The provisions of section 5 of the Limitation Act, 1908 (Act No. IX of 1908) shall apply to an appeal under this section.
- Withholding of certain payments subject to decision of appeal.—
Where the employer prefers an appeal under section 172 (1) (a), the Labour Court may, subject to the decision of the appeal, withhold payment of any sum deposited with it, and if the Tribunal so directs, it shall surely be withheld.
- Rules to give effect to arrangement with other countries for the transfer of money paid as compensation.—(1) The Government may, by notification in the official Gazette, make rules—
- for the transfer of money deposited with a Labour Court under this Chapter to any other country which is payable to, or is due by, any person, who is residing or about to reside in that country; and
- for the receipt, distribution and administration in Bangladesh of any money deposited under the law relating to worker’ compensation in any other country, which is payable to, or is due by, any person residing or about to reside in Bangladesh:
Provided that no sum deposited under this Chapter in respect of any fatal accident shall be so transferred without the consent of the employer concerned, until the Labour Court receiving the sum has passed orders determining its distribution and apportionment under the provisions of section 155(4) and (5).
- Where money deposited with a Labour Court is so transferred in accordance with the rules made under this section, the provisions elsewhere contained in this Chapter regarding distribution by the Labour Court of compensation deposited with it shall cease to apply in respect of any such money.
The proviso was added by section 43(a) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).
The words “irrespective of the worker is adult or minor” was substituted for the word “if the worker is adult” by section 43(a) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).
Sub-section (ii) was omitted by section 43(b) of the Bangladesh Labour (Amendment) Act, 2013 (Act No. XXX of 2013).