By Muen
English: Before 2006, there were 3 separate laws (1939, 1941, 1950). Now, all are merged into Chapter IV of the Labour Act 2006. (Note: Bangladesh has NOT ratified the ILO Maternity Protection Convention, 2000).
English: Maternity benefit means wages given to a woman for leave related to being a mother.
Work Ban: During her leave, the employer cannot employ her, and she cannot work.
Exception: She can be conditionally allowed to do light work up to the immediate last few weeks if she is fit.
English: An employer cannot make a pregnant woman do arduous work or stand for long hours if: 1. She is likely to deliver within 10 weeks; or 2. She has delivered a child within the preceding 10 weeks.
Before Delivery: Give notice orally or in writing before delivery. Important: You must mention the nominee who will receive the benefit if the woman dies.
After Delivery: If she failed to give notice before, she must inform the employer within 7 days of giving birth.
English: Employer must grant leave.
Case I (Proof before delivery): Benefit paid within 3 working days of receiving the doctor's certificate.
Case II (Proof after birth): Benefit paid within 3 working days of proving the birth.
English: Paid at the rate of average daily wage (Total wages earned in the last 3 months divided by days actually worked in that period). Payment is made in Cash.
English: If the mother dies: If the child lives: Benefit paid to the person taking care of the child. If the child dies too: Paid to her nominee or legal representative.
No Dismissal (S. 50): Cannot be fired during pregnancy or leave without valid cause.
Worker Penalty (S. 287): If a woman works for wages during maternity leave, she faces a fine of up to 1,000 Taka.
English: Not all child work is "child labour". Child labour is only work that harms children physically, mentally, or morally, or stops them from going to school. Work can be good for children if they are above the minimum age, work in safe conditions, and it doesn't affect their education or health.
English: No child (below 14) shall be employed in any occupation or establishment. Parents/guardians cannot make an agreement to allow a child to work. Doing so incurs a penalty of up to 1,000 Taka (Section 285).
English: An adolescent (14-18) can work only if two conditions are met: 1. The employer holds a valid Certificate of Fitness. 2. The adolescent carries a token/reference related to that certificate.
Exception (S. 34(4)): No restrictions apply if the adolescent is working as an apprentice or for vocational training.
Application: The adolescent, parents, guardian, or employer can apply to a registered medical practitioner.
Fee: The employer must pay the fee. It cannot be collected from the adolescent or parents. (Very important exam point).
Validity: The certificate is valid for 12 months from the date of issue.
English: An adolescent is strictly forbidden from these 3 types of work, even if they have a fitness certificate: 1. Hazardous Work (S. 39): Work declared dangerous by the Govt. 2. Dangerous Machines (S. 40): Working on dangerous machines unless fully instructed and under supervision. 3. Underground/Underwater (S. 42): Mining or underwater work.
Factory/Mine: Max 5 hours/day & 30 hours/week.
Other establishments: Max 7 hours/day & 42 hours/week.
Night Ban: Absolutely no work between 7:00 PM to 7:00 AM.
Overtime limit: Factory/Mine: Max 36 hours/week. Other: Max 48 hours/week.
Shifts: Only 2 shifts allowed, and a shift cannot exceed 7.5 hours. Shift cannot change more than once in 30 days.
English: The International Labour Organization (ILO) is a UN agency dealing with labour issues. Established in 1919 (as part of the Treaty of Versailles after WWI). It became a UN specialized agency in 1946.
English: The ILO is unique because it is Tripartite. This means it is run by representatives of three groups from every member country: 1. Governments (āĻ¸āĻ°āĻāĻžāĻ°) 2. Employers (āĻŽāĻžāĻ˛āĻŋāĻ) 3. Workers (āĻļā§āĻ°āĻŽāĻŋāĻ)
English: These are the 8 core conventions that all ILO member states must respect. They are grouped into 4 main areas:
Child Labour (Topic 26.7): C138 (Minimum Age): General minimum age is 15 years (13 for light work). Hazardous work minimum is 18 years. C182 (Worst Forms): Bans slavery, trafficking, forced recruitment in armed conflict, prostitution, and using children for illicit drugs.
Equality (Topic 26.8): C100 (Equal Remuneration): Men and women must get equal pay for equal work. C111 (Discrimination): Bans discrimination based on race, color, sex, religion, or social origin.
English: The Maternity Protection Convention, 2000 (No. 183). Key provisions: At least 14 weeks of maternity leave. Women must return to the same/equivalent job. Cash benefits must be at least two-thirds of previous earnings. Protects from discrimination and dismissal.
đ¨ IMPORTANT UPDATE: Bangladesh has NOT ratified the core C87 (Freedom of Association) yet, but has ratified many others.
English: Any dispute or difference between employers and employers, employers and workers, or workers and workers. It must be connected with employment, non-employment, terms of employment, or conditions of work.
Key Legal Principle (Ratio): There is a huge difference between "barring a remedy" (āĻĒāĻĨ āĻŦāĻ¨ā§āĻ§ āĻāĻ°āĻž) and "extinguishing a right" (āĻ āĻ§āĻŋāĻāĻžāĻ° āĻŦāĻŋāĻ˛ā§āĻĒā§āĻ¤ āĻāĻ°āĻž). Even if a specific timeframe to file a case passes, the worker's actual right to challenge the dismissal survives. (Important for essays!)
English: The Supreme Court confirmed that an individual dismissed worker cannot directly go to the Labour Court unless the dispute was formally raised by a Collective Bargaining Agent (CBA) or employer.
English: According to Section 209 of the Code, an industrial dispute does not legally exist unless it is raised by: 1. A Collective Bargaining Agent (CBA) on behalf of workers. 2. The Employer.
Step 1: Negotiation (āĻāĻ˛ā§āĻāĻ¨āĻž): Parties must try to negotiate. They have 10 days to start, and a total of 30 days to complete. If successful, they sign a Memorandum of Settlement.
Step 2: Conciliation (āĻŽāĻ§ā§āĻ¯āĻ¸ā§āĻĨāĻ¤āĻž): If negotiation fails, either party requests the Conciliator. The Conciliator gets 10 days to bring both sides to an agreement.
Step 3: Arbitration (āĻĒāĻā§āĻāĻžāĻ¯āĻŧā§āĻ¤ āĻŦāĻž āĻ¸āĻžāĻ˛āĻŋāĻļ): If conciliation fails, the parties refer the dispute to an Arbitrator. The Arbitrator gives an award within 30 days. Crucial point: This award is FINAL and there is NO RIGHT OF APPEAL against it.
Step 5: Government Intervention (āĻ¸āĻ°āĻāĻžāĻ°ā§āĻ° āĻšāĻ¸ā§āĻ¤āĻā§āĻˇā§āĻĒ): If a strike or lock-out lasts for more than 30 days, the Government has the power to prohibit it and must refer the dispute to the Labour Court for compulsory adjudication.
Composition: 1. Chairman, 2. Member (Employer's Rep), 3. Member (Workmen's Rep).
Qualification of Chairman: Must be, or have been, a Judge/Additional Judge of the High Court Division, OR a District Judge/Additional District Judge.
Exclusive Jurisdiction: 1. Adjudicating industrial disputes. 2. Inquiring into violations of settlements. 3. Trying offences under the Labour Code. 4. Prohibiting Strike/Lock-out (S. 225): Can issue a written order to stop it.
While trying Offences: It follows summary procedure. It has the magisterial power of a 1st Class Magistrate, and the punishment power of a Sessions Court. (Note: Chairman sits alone WITHOUT the two members).
Appeal against Labour Court (S. 217): Any party aggrieved by a Labour Court judgment can appeal to the Labour Appellate Tribunal within 60 days of the delivery of the judgment. The Tribunal's decision here is final.
Formation: Consists of a Chairman. Chairman must be, or have been, a Judge/Additional Judge of the Supreme Court. Member must be a Supreme Court Judge or a District Judge with at least 3 years experience.
Differing Opinions (Voting): If tied equally, and Chairman is on the Bench: The Chairman's opinion prevails (āĻā§āĻ¯āĻŧāĻžāĻ°āĻŽā§āĻ¯āĻžāĻ¨ā§āĻ° āĻŽāĻ¤āĻžāĻŽāĻ¤āĻ āĻā§āĻĄāĻŧāĻžāĻ¨ā§āĻ¤ āĻšāĻŦā§)āĨ¤
Appellate Powers: Can confirm, set aside, vary, modify, or remand the Labour Court's decision.
Judgment Time: Must deliver judgment within 60 days of the appeal being filed.
Contempt Authority: It has the same power to punish for contempt as the High Court Division.
Superintendence: The Tribunal has control over all Labour Courts.
English: Normally, you cannot appeal against the Appellate Tribunal. However, if a person is convicted and sentenced to imprisonment for any period, OR ordered to pay a fine exceeding 200 Taka, they may file a final appeal to the High Court Division.
Given Data:
- Monthly Salary: 50,000 Taka
- Tenure: 21 years + 2 months
- Reason: Terminated due to physical incapacity
- Gratuity Rule: Permanent worker gets 45 days' wages for every completed year of service.
(21 Ã 12) + 2 = 254 months of total service.
254 months à 50,000 Tk = 12,700,000 Tk
A permanent worker gets 45 days' wages for each completed year.
Daily wage = 50,000 Ãˇ 30 = 1,666.67 Tk/day.
45 days' wage = 1,666.67 Ã 45 = 75,000 Tk per year.
Multiply by total years of service: 75,000 Ã 21 years = 1,575,000 Tk.
(The extra 2 months do not count for Gratuity, as the law strictly says "per completed year").
Given Data:
- Monthly Salary: 50,000 Taka
- Month Length: 30 days
- Absence: 10 days
- Law: Section 126(1) of the Labour Act: Employer may deduct wages for absence. But the deduction can never be MORE than the wages payable for the period of absence.
50,000 Tk Ãˇ 30 days = 1,666.67 Tk/day.
10 days à 1,666.67 Tk = 16,667 Tk.
50,000 Tk - 16,667 Tk = 33,333 Taka.
25 years + 1 month = (25 Ã 12) + 1 = 301 months.
Total Wages = 301 months à 50,000 Tk = 15,050,000 Tk.
Adjusted Total Wages: 15,050,000 - 16,667 = 15,033,333 Tk.