Last Change:

09/04/2024

The Bangladesh Labour Act

Year: 2006

Type: Domestic law

Rights Category: Social protection, Work & Workplace rights

Description

The Labor Act 2006 consolidates and amends the laws relating to the employment of labor, relations between workers and employers, determination of minimum wage, payment of wages and compensation for injuries to workers, formation of trade unions, raising and settlement of disputes, health, safety, welfare and working conditions of workers, and apprenticeship and matters ancillary thereto. 

The Labor Act 2006 was enacted to consolidate and amend the laws relating to employment of labor, relations between workers and employers, determination of minimum wage, payment of wages and compensation for injuries to workers, formation of trade unions, raising and settlement of disputes, health, safety, welfare and working conditions of workers, and apprenticeship and matters ancillary thereto.

This Act does not apply to domestic servants and agricultural farms where less than five workers are normally employed [ section 1(2)(4)(n)(o)]

Some definitions are relevant in the context here:

Section 2 (xxi) "shop" means any premises used wholly or in part for the wholesale or retail sale of commodities or articles either for cash or credit, or where services are rendered to customers, and includes an office, store room, go-down, warehouse or workplace, whether in the same premises or elsewhere, mainly used in connection with such trade or business.

Section 2 (xxxi) "establishment" means any shop, commercial establishment, industrial establishment, or premises in which workers are to carry on any industry.

Section 2 (xlv) "wages" means all remuneration, expressed in terms of money or capable of being so expressed, which would if the terms of employment, expressed or implied were fulfilled be payable to a worker in respect of his employment or of work done in such employment, and includes any other remuneration of the nature aforesaid which would be so payable, but does not include-
a) the value of any house accommodation, supply of light, water medical attendance, or other amenity or of any service excluded by general or special order of the government. 
b) any contribution paid by the employer to any pension fund provident fund,
c) any traveling allowance on the value of any traveling concession
d) any sum paid to the worker to defray special expenses entitled to him by the nature of his employment.

Section 2 (Lxi) "industrial establishment" means any workshop or other establishment in which articles are produced, adapted or manufactured or where the work of making, altering, repairing, ornamenting, finishing or packing, or otherwise treating any article or substance, with a view to their use, transport, sale, delivery or disposal, is carried on or such other class of establishments which the Government may, by notification in the official Gazette, declare to be an industrial establishment of the purpose of this Act.

Section 2 (Lxv) "worker" means any person including an apprentice employed in any establishment of industry, either directly or through a contractor, 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 include a person employed mainly in a managerial or administrative capacity.  

Section 34 (1) states that no child shall be employed or permitted to work in any occupation or establishment.

Employment of Adolescents:
Adolescents can be employed upon fulfilling certain conditions [section 34 (2), 39, and 40].
Section 41 (1) No adolescent shall be required or allowed to work in any factory or mine, for more than five hours in any day and thirty hours in any week. 
Section 41 (2) No adolescent shall be required or allowed to work in any other establishment, for more than seven hours in any day and forty-two hours in any week.
Section 41 (3) No adolescent shall be required or allowed to work in any establishment between the hours of 7:00 pm to 7:00 am.
The same section further narrates the provisions with respect to overtime and other arrangement.

Section 44 lays down the exception in certain cases where children can be employed. "A child who has completed twelve years of age, may be employed in such light work as not to endanger his health and development or interfere with his education; Provided that the hours of work of such child, where he is school going, shall be so arranged that they do not interfere with his school attendance.

Section 214 provides provisions related to the establishment of labour court and its jurisdiction.

As per section 213, any worker or employer may apply to the Labor Court for the enforcement of any right guaranteed by this Act. 

Selected provisions
Short title, introduction and application

1 (3) Unless otherwise provided elsewhere in this Act, this Act shall apply to the whole of Bangladesh.

Definition

2.63: "Child" means any person who has not completed the age of fourteen years;

Declaration of list of hazardous work and restrictions on employment of adolescents in certain work

(1) The Government shall, by notification in the official Gazette, declare, from time to time, a list of hazardous work.
(2) No adolescent shall be employed in any work declared by the Government as hazardous.
(3) No adolescent shall be allowed to clean, lubricate, or adjust any machinery of any establishment while it is in motion or to work between moving parts or between the fixed and moving parts of such machinery.

Employment of adolescent in the work 2[or hazardous work] of dangerous machines

(1) No adolescent shall work at any machine, unless
(a) he has been fully instructed as to the dangers arising in connection with such machine and the precautions to be observed in this respect; and
(b) he has received sufficient training to work at the machine, or is under supervision of a person who has thorough knowledge and experience of the machine.

(2) This provision shall apply to such machines as may be notified by the Government to be of such a dangerous character that an adolescent should not work at them unless the requirements of sub-section (1) are complied with.

Prohibition of employment of adolescent in underground and under water

No adolescent shall be employed in any work in the underground or underwater.

Declaration of list of hazardous work and restrictions on employment of adolescents in certain work.

(1) The Government shall, by notification in the official Gazette, declare, from time to time, a list of hazardous work.
(2) No adolescent shall be employed in any work declared by the Government as hazardous.
(3) No adolescent shall be allowed to clean, lubricate, or adjust any machinery of any establishment while it is in motion or to work between moving parts or between the fixed and moving parts of such machinery.