The Bangladesh Labour Code 2006

1. The Bangladesh Labour Code 2006 www.assignmentpoint.com

2. Introduction • Applicable for whole Bangladesh But not – • Security printing press • Office under govt. • Arms factory • Educational , training and research institute • Hostel , mess • Establishment not run for profit • Shops and stall for public exhibitions, charitable purpose • home workers • Agriculture firm • Any ocean going ship www.assignmentpoint.com

3. Definition • 1. Retirement – means retiring from employment on completion of certain age (57). And also mean willful retiring from employment by a worker on completion of 25 years of employment • . Partial disablement – where the disablement is temporary of a nature , such disablement as reduces the earning capacity of a workman in any employment in which he was engaged at the time of accident resulting in the disablement and where the disablement is of a permanent nature , such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time • 67. Total disablement - such disablement whether of a temporary or permanent of a nature , as incapacitates a worker for all work which he was capable of performing at the time of accident resulting in such disablement or the effect of chemicals or chemical goods used while working or any population related to work results such disablement www.assignmentpoint.com

4. FACTORIES ACT-Definitions 2 Manufacturing process- means any process For making , altering , repairing , ornamenting , painting and washing , finishing or packing or otherwise treating any articles or substances with a view to its use , sale , transport , delivery , display or disposal For pumping oil gas , oil , water sewage or other fluids and slurries For generating transforming , transmitting power or gas For constructing , reconstructing , repairing, refitting , finishing or breaking up ships or vessels For printing by letter press , lithography or book binding which is carried on by way of trade www.assignmentpoint.com

5. Definition • 3Officer –in relation to a trade union , means any member of the executive thereof but does not include an auditor or legal advisor • 4 working hour – means the time except for meal and leisure • 5Working journalist – means a person who is a whole time journalist and as employed as such in or in relation to any newspaper establishment and includes an editor , reader , writer , news editor , sub editor , feature write , reporter, correspondent , copy teste5r , cartoonist , news photographer , calligraphist and proof reader www.assignmentpoint.com

6. Definition • 6Workshop – any premises or yard where industrial process is carried on • 7. Factory -any premises including the precinct thereof where on five or more workers are working or were working on any day of the preceding 12 months and any part of which a manufacturing process is being carried on but does not include a mine 8 Adolescent • 9 Mine means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on and includes all works , machinery , tramway and siding whether above or below ground in or adjacent to or belonging to a mine • 10. gratuity means payment equivalent to 30 days basic pay for every completed year of service or for any part thereof in excess of six months which is payable on retirement • 10 aTea plantation means any land used or intend to be used for growing tea and includes tea factory www.assignmentpoint.com

7. Definition 11Retrenchment – termination by the employer of services of worker (not a measure of punishment inflicted by way of disciplinary action ), but on the ground of redundancy • Conditions of retrenchment- one month notice , a copy to the chief inspector – 30 days of wages for completed year of services of • Procedure for retrenchment – who is the last person to be employed • Re employment of retrenched worker – priority to the length of services www.assignmentpoint.com

8. Definition 13Public utility service means • Generation , production , manufacture or supply of electricity , gas , oil , or water to the public • Any system for public conservancy or sanitation • Hospital or ambulance services • Fire fighting services • Any postal telegraph or telephone services • Any postal , telegraph or telephone services, rail , air, land and waterway services • Ports • Security services any security guard staff to any establishment www.assignmentpoint.com

9. FACTORIES ACT-Definitions 59 Power – means electric energy or any other form of energy which is mechanically transmitted and is not generated by human or animal agency 50 Machinery- includes Prime mover, Transmission machinery and other appliances where by power is generated , transformed , transmitted and applied 35 Prime mover- any engine , motor or other appliances which generates or otherwise provide power 14 Transmission machinery- means shaft, wheel , drum pulley, system of pulleys , coupling clutch driving belt or other appliances or device by which the motion of prime mover is transmitted to or received by any machinery or plant www.assignmentpoint.com

10. 15 Trade union • 15 trade union means union of workers or employers registered and constituted under chapter 13 of this code and any federation of trade union s will be included in it • 16 trade union federation means any trade union federation register under chapter 13 www.assignmentpoint.com

11. Definition 17Discharge; - termination of services of a worker by the employer for reason of physical or mental in capacity or continued ill health of the worker or such other similar reason not amounting to misconduct 39 Dismissal; termination of services of a worker by the employer for misconduct - (3 days time to explain) Misconduct –falsifying tampering or damaging records willful insubordination Theft fraud and dishonesty taking and giving bribes habitual absence habitual breach of law habitual negligence Habitual late attendance disorderly behavior Illegal strike , go slow repetition of act - fee www.assignmentpoint.com

12. Definition Stoppage of work.- the employer may at any time in the event of fire , catastrophe or breakdown of machinery , or stoppage of power supply epidemics or other cause beyond the control , stop any section or sections of the shop CE,IE • 18 Go slow an organized deliberate purposeful slowing down of normal output of work by a body of workers in a connected manner which is not due to the mechanical defect , break down of machinery , failure or defect in power supply or in the supply of normal materials and spare parts of machinery www.assignmentpoint.com

13. 58 Lay-off; - failure refusal or inability of an employer on account of shortage of coal , power or raw material or the accumulation of stock or break down the machinery or for any other reason to give employment to a worker whose name is in master rolls failure refusal or inability of an employer on account of shortage of coal , power or raw material or the accumulation of stock or break down the machinery or for any other reason to give employment to a worker whose name is in master rolls • Calculation of ‘one year’ or ‘six months’ of continuous service.- 240 days for 1 year , 140 days for six month • Right of laid-off workers for compensation- if completed 1 year then should paid by the employer during lay off (45 days + 15 days ) • Muster-roll for laid-off workers • Workers not entitled to compensation in certain cases- if employee refuse to accept – alternative employment , if does not present himself and lay off due to strike www.assignmentpoint.com

14. Definition 8 Adolescent- a person who has completed 14 years but not completed 18 years of age 36 Adult-a person who has completed 18 years of age 63.Child- a person who has not completed 14 years age Young person- a person who is either a child or an adolescent 53 Relay- where work of the same kind is carried out by two or more sets of worker working during different periods of the day , each of such set 29 Shift- where work of the same kind is carried out by two or more sets of worker working during different periods of the day , each of such periods 19 Day – period of 24 hours beginning at 6 o clock 66 Week – a period of seven days beginning with the preceding 6 o clock of the day specified as the weekly holiday www.assignmentpoint.com

15. 21 Shop – means any premises used wholly or in part for the wholesale or retail sale of commodities or articles for cash and credit or where service are rendered to customer and includes an office , storeroom , go down warehouse or work place whether in same premises or elsewhere, mainly in connection with such trade or business • 22. Strike means cessation of work by a body of person employed in any establishment acting in combination or concerted refusal or refusal under common understanding of any number of person who are or have been so employed to continue to work or to accept employment • 23 seaman – any person forming part of the crew of any ship but does not include the master of ship www.assignmentpoint.com

16. Worker 65 Worker- any person including an apprentice employed directly or by a contractor in any shop IE,CE to do any skilled , unskilled , manual , technical , trade promotional or clerical work for hire or reward , with implied or expressed terms of employment – but not in a managerial or administrative capacity Classification of workers and period of probation Apprentice; -a learner who is paid an allowances during the period of his training Badli- a worker who is appointed in the post of permanent worker or a probation who is temporarily absent Casual worker- a worker whose employment is of casual nature Permanent worker;- a worker who has been engaged in permanent basis or who has satisfactorily completed the period of his probation Temporary worker; worker who has been engaged in work which essentially temporary nature had is likely to be finished within a limited period Probationer;- a worker who is provisionally employed to fulfill a permanent vacancy in a post and has not completed the period of his probation www.assignmentpoint.com

17. 30 . Dependant • Establishment means shop Commercial establishment or Industrial establishment- or any premises or yard where workers are employed for industrial work 41Commercial establishment -establishment in which the business of advertising , commission or forwarding is conducted or which is a commercial agency and includes a clerical department of a factory or any industrial or commercial undertaking , the office establishment of a person who for the purpose of fulfilling a contract with the owner of any CE o r IE employs worker , a joint stock company , an insurance company or a banking company or a bank a broker office or a stock exchange , a club an hotel or restaurant or eating house , a cinema or theater or such other establishment 61 Industrial establishment- any workshop or other establishment in which articles are produced , adopted or manufactured or where the work of making , altering repairing ornamenting , finishing or packing or otherwise treating any article or substances with a view to use transport , sale delivery or disposal is carried on and includes any dock wharf jetty or such other class of establishment www.assignmentpoint.com

18. FACTORIES ACT-Definitions 49 Employer- means the owner of shop , CE, IE a person , a body of person or body corporate , company or institution , managing a shop , CE, IE or their heirs , successors – the authority appointed- local authority or the head of the department ,manager ,CEO or the officer appointed , director, manager, secretary , agent and other official connected with management and responsible to the owner for the supervision and control of such shop 62 Industrial dispute – means any dipute or difference between employers and employers or between employers and workmen or between workmen and work men which is connected with employment or the terms of employment or the condition of work of any person www.assignmentpoint.com

19. 33Regulation • 34Maternity welfare • 35 Prime mover • 36 adult • 37 Criminal procedure code • 38Closed • 39. dismissal • 40garden www.assignmentpoint.com

20. 41 –ci • 42 rule • 43 illegal strike • 44 illegal lockout • 45 wages • 46 arbitrator • 47 Chief inspector • 48 labor director • 49 employer • 50 machinery • 51 vehicle • 52Collective bargaining agent www.assignmentpoint.com

21. 24 executive committee • 25 settlement • 26 water transport services • 27 water vessels • 28 administrative employee • 29 administrative employee www.assignmentpoint.com