by Sabrina Mahisha Mahboob

In Bangladesh, Bangladesh Labor Act, 2006 & Bangladesh Labor Rules, 2015 are the two major legislations that regulate Labor issues of Bangladesh. These legislations are made not only to maintain a healthy relationship between the Employer and the Worker but also to ensure a healthy & secured environment in which workers can work independently and safely. Hence every Employer has to comply with the following requirements before starting with his establishment, otherwise, the penalty will be imposed upon him as per the relevant laws of Bangladesh :

SL NoSections & RulesThe gist of the Provision
  1.  Section: 5 & Rule No. 19(4,5)  Every Employer is bound to provide an Appointment Letter and Identity Card with his Photograph. The letter of Appointment shall consist of the basic information of the Workers. Moreover, the owner shall bear the cost of the identity card of the worker as per Form-6 of the Bangladesh Labor Rules, 2015.  
  2.  Section: 6,7,8 & Rule No. 20,21  Every Employer shall at his own cost provide a Service Book to every worker as per Form-07 of the Bangladesh Labor Rules, 2015 except an apprentice, substitute, or casual worker which shall be kept in the custody of the Employer. The worker can keep and maintain a duplicate copy of his service book at his own cost if he desires so. The necessary information of the worker shall be included in the Service Book within one month from making permanent.  
  3.  Section: 9(1) & Rule No. 23  A register of workers shall be maintained as per Form-8 of the Bangladesh Labor Rules, 2015 which shall consist of particulars like the name, address, birth date, designation, department, employment period, wages and allowance & conduct of the worker, etc. and make it available to the Inspector for inspection at all times during working hours.  
  4.  Section: 58 & Rule No. 50  Every establishment should provide such arrangements to supply sufficient purified potable water for all workers In case of underground water or supply in another way, the owner should procure and preserve the certificate from the public health engineering Department or any other organization authorized by the Government.  
  5.  Section: 61 & Rule No. 58(1, 3, 7)    If an Inspector notices any building, or any part thereof, or any road, machinery or plant of an establishment is in a condition which is dangerous to human life or safety. He may be an order in writing, will direct the employer to take necessary measures.
  6.  Section: 62 & Rule No. 55    The establishment shall provide such means of exit including at least one alternative staircase connecting with every floor at the time of fire and firefighting equipment as may be prescribed under Rule 55 of the Bangladesh Labor Rules, 2015
  7.  Section: 78(A) & Rule No. 67    The Employer shall provide personal safety equipment to the Employee. The information on maintaining safety equipment must be preserved in accordance with Form-23 of the Bangladesh Labor Rules, 2015.  
  8.  Section: 80 & Rule No. 69,70  In case of any kind of accident occurs in any establishment the Employer shall immediately the concerned authorities, i.e. Government, Fire services, Police Stations, etc., and give notice to the Inspector within two days after such occurrence. In case of a Fatal accident, notice should be given to the concerned authority within 2(two) days and in case of a Minor Accident,   notice should be given to the concerned authority within 7 (seven) days in the format of Form No.27 of the Bangladesh Labor Rules, 2015  
  9.  Section: 89(1) & Rule No. 76    At least one First-aid box or cupboard equipped with all the contents prescribed by Rule 76 of the Bangladesh Labor Rules,2015, shall be provided for every 150 workers ordinarily employed in the establishment and a permanent medical center shall be arranged if 5000 workers are employed thereof.  
  10.  Section: 93 & Rule No. 92    Where more than 25 workers are employed, a separate Dining Room will be provided with all the facilities as per Rule 92 of the Bangladesh Labor Rules, 2015
  11.  Section: 111(8) & Rule No. 105            A notice showing the hours of work for adult workers shall be displayed, two copies of such notices shall be sent for approval to the Inspector before the work in establishment starts.  This working hour shall not exceed 10(ten) hours (including his interval for rest or meal).  
  12.  Sections: 115,116,117 & Rule No. 24    The employer should ensure Casual leave, Sick leave, and sick leave with wages to the Employees as per law.  A Leave Register should be maintained as per Form-9 of the Bangladesh Labor Rules, 2015.
  13.  Section: 117 & Rule No. 107  Every adult worker who has completed 1(one) year of continuous service in an establishment shall be entitled to get Annual leave with wages for the following period of 12 (twelve) months. In this regard, leave with wages for days shall be calculated by considering the presence of the worker in the workplace for the previous 12(twelve) months to be considered.  
  14.  Section: 118 & Rule No. 110(2)    Every worker shall be allowed 11(eleven) days in a year of the festival holiday with wages. The list of festival holidays should be hung in the Notice Board. A copy of the Notice shall be sent to the concerned inspector.
  15.  Section: 325 & Rule No. 352  An owner shall have to submit two copies of Notices to the Inspector General or concerned Deputy Inspector General as per Form-75 of the Bangladesh Labor Rules, 2015.
  16.  Section: 326 & Rule No.352    An Employer shall at least 15(fifteen) days before starting work or business in his establishment send a notice to the Chief Inspector. Before using, changing, or expanding any house or premises as Factory, written approval from the Inspector General or person empowered by him should be taken.  
  17.  Section: 333 & Rule No. 362    The Owner or Manager of the establishment shall submit half-yearly statements as per Form-80 by 15July and Yearly statements as per Form-81 of the Bangladesh Labor Rules, 2015, by 15 February to the inspector general.  
  18.  Section: 337 & Rule No. 364    An abstract or gist of the necessary provisions of the Bangladesh Labor Act, 2006, should be written in Bangla & Plain text. This shall be displayed in the conspicuous place of every establishment.

Generally, if any such irregularities are found by the Inspector, he may issue a show-cause notice to the concerned authority. Moreover, in case of not having/maintaining requisite documents/ books/records and not serving requisite notice to labour authority, the labour authority may bring proceedings under section 303 (uma) of the Labour Act 2006.  These are criminal offences and the court can pass an Order of Imprisonment up to 6 months and/or can also penalize up to Tk. 5,000 under section 303(uma) and up to Tk. 25,000 for section 307. In reference to illegal retrenchment, Court can award compensation to the aggrieved as provided under section 20 of the Act. In relation to the failure of notifying the Authorities about the Accidents as provided by law, and the accident results in serious bodily injury, be punished with a fine not exceeding 1000 (one thousand) taka, or if the accident results in loss of life, be punished with imprisonment which may extend to 6 (six) months, or with fine up to 3000 (three thousand) taka or both. Apart from this, if any person is found to contravene or fail to comply with any provision of this Act or any rules, he shall be punished with imprisonment for a term which may extend to 3 (three) months or with a fine which may extend to 25,000 (twenty-five thousand) taka, or with both.

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