Introduction:

Labour laws in Bangladesh have undergone significant transformation over the years, reflecting the nation’s socio-economic changes and commitment to protecting workers’ rights. These laws govern the relationship between employers and employees, ensuring fair treatment, safety, and health at workplaces. At Russel and Partners, we are dedicated to supporting clients in navigating these intricate legal landscapes, ensuring compliance and advocating for workers’ rights.

 

1. 1. Importance of Labour Laws:

1. Regulating Employment Relationships:

 

• • Section 4, Bangladesh Labour Act 2006: Mandates written employment contracts specifying terms of employment. Example: An employment contract must include job description, wages, and working hours.

Job Security:

 

• • Section 26, Bangladesh Labour Act 2006: Provides protection against arbitrary dismissal, requiring valid reasons for termination. Example: An employee cannot be dismissed without a valid cause, and due process must be followed.

2. Ensuring Fair Wages and Benefits:

 

• • Section 138, Bangladesh Labour Act 2006: Establishes minimum wage rates set by the Minimum Wage Board. Example: The Minimum Wage Board periodically reviews and sets minimum wages for different sectors.

• • Section 121, Bangladesh Labour Act 2006: Requires wages to be paid on time, typically by the seventh day after the wage period ends. Example: Monthly wages must be paid within the first week of the following month.

3. Safe Working Conditions:

 

• • Section 61, Bangladesh Labour Act 2006: Mandates employers to ensure a safe working environment. Example: Employers must provide safety equipment and training to workers in hazardous industries.

Workplace Inspections:

 

• • Section 317, Bangladesh Labour Act 2006: Authorizes Labour inspectors to conduct regular workplace inspections. Example: Factories are subject to routine inspections to ensure compliance with safety standards.

4. Protecting Workers’ Rights Non-Discrimination:

 

• • Section 345, Bangladesh Labour Act 2006: Prohibits discrimination in employment based on gender, religion, ethnicity, or disability. Example: An employer cannot refuse to hire a qualified candidate due to their religion.

• • Section 176, Bangladesh Labour Act 2006: Guarantees the right to form and join trade unions. Example: Workers in a factory can form a union to negotiate better wages and working conditions.

5. Regulating Working Hours and Conditions:

 

• • Section 100, Bangladesh Labour Act 2006: Limits working hours to 8 hours a day and 48 hours a week. Example: Overtime work cannot exceed 10 hours a week, and workers must be compensated for overtime.

• • Section 103, Bangladesh Labour Act 2006: Provides for weekly rest days, annual leave, and other leave entitlements. Example: Employees are entitled to one day of rest per week and annual leave with pay.

6. Dispute Resolution:

 

• • Section 202, Bangladesh Labour Act 2006: Establishes workplace grievance committees. Example: A grievance committee can address issues like harassment or unfair working conditions within a factory.

• • Section 210, Bangladesh Labour Act 2006: Requires conciliation before disputes proceed to formal adjudication. Example: A conciliation officer helps resolve a wage dispute between workers and management amicably.

• • Section 214, Bangladesh Labour Act 2006: Labour Courts handle disputes related to employment terms, wrongful termination, and unfair Labour practices. Example: A worker files a case with the Labour Court for unjust dismissal.

• • Section 218, Bangladesh Labour Act 2006: Hears appeals from Labour Court decisions. Example: A company appeals a Labour Court ruling that orders reinstatement of a dismissed employee.

7. Social Security and Welfare:

 

• • Social Security Measures: Pensions: Under the National Social Security Strategy (NSSS) of Bangladesh, there are provisions for old-age pensions to ensure long-term welfare for workers.Health Insurance: The government has initiatives like the Shasthyo Surokhsha Karmasuchi (SSK) which provides health insurance to low-income families.Unemployment Benefits: Though not widespread, there are discussions on implementing unemployment benefits to support workers during periods of joblessness.

• • Welfare Programs: Illness or Injury: The Bangladesh Labour Act, 2006 mandates the provision of compensation for work-related injuries and illnesses, including the requirement for employers to cover medical expenses.

 

• • Case Summary on Landmark Judgement:

Title: Hafizur Rahman Nafor vs. Secretary, Ministry of Home Affairs and others

Citation: 2015, 44 CLC (HCD)

Court: High Court Division (HCD) of the Supreme Court of Bangladesh

Year: 2015

Parties:

 

• • Petitioner: Hafizur Rahman Nafor

• • Respondents: Secretary, Ministry of Home Affairs and others

Facts: The petitioner, Hafizur Rahman Nafor, challenged a decision made by the Ministry of Home Affairs. The specifics of the administrative decision were not favorable to the petitioner, prompting him to seek judicial review.

Legal Issues:

 

1. 1. Whether the administrative decision made by the Ministry of Home Affairs was lawful.

1. 1. Whether the decision-making process followed the principles of natural justice and procedural fairness.

1. 1. Whether the petitioner was given an adequate opportunity to be heard before the decision was made.

Judgment: The High Court Division held that:

 

1. 1. The administrative decision by the Ministry of Home Affairs lacked adequate procedural fairness.

1. 1. The principles of natural justice, particularly the right to a fair hearing, were not adequately observed.

1. 1. The petitioner was not given a sufficient opportunity to present his case before the adverse decision was made.

As a result, the court quashed the decision of the Ministry of Home Affairs and directed them to reconsider the matter, ensuring that procedural fairness and natural justice principles were adhered to in the new decision-making process.

Integration with Labour Law in Bangladesh:

Labour Laws and Procedural Fairness: In Bangladesh, Labour laws emphasize the importance of procedural fairness and the right to a fair hearing, as seen in the Labour Act, 2006, and related regulations. The principles applied in the case of Hafizur Rahman Nafor vs. Secretary, Ministry of Home Affairs and others align with these Labour law principles.

Key Sections of the Labour Act, 2006:

 

• • Section 23: Procedure for dismissal of workers.

• • Section 24: Right to a fair hearing before dismissal.

• • Section 33: Workers’ right to challenge wrongful dismissal.

Application of Labour Law Principles in the Case:

 

1. 1. Lawfulness of the Decision: Labour Act, 2006, Section 23any dismissal or disciplinary action against a worker must follow a lawful procedure. In the case of Hafizur Rahman Nafor, the court questioned the lawfulness of the Ministry’s decision, highlighting the importance of adherence to legal procedures.

1. 1. Procedural Fairness: Labour Act, 2006, Section 24 this section mandates that workers must be given a chance to defend themselves before any adverse action is taken. The court’s emphasis on procedural fairness mirrors this requirement, ensuring that decisions are made transparently and fairly.

1. 1. Right to be Heard: Labour Act, 2006, Section 33 workers have the right to challenge decisions that they believe are unjust. The case’s judgment reinforces the necessity for authorities to provide an opportunity for individuals to be heard, akin to the protections offered under Labour laws.

Conclusion:

The judgment in Hafizur Rahman Nafor vs. Secretary, Ministry of Home Affairs and others underscores the essential principles of natural justice and procedural fairness, which are also foundational elements in Labour law in Bangladesh. By ensuring that administrative decisions, including those in the Labour context, adhere to these principles, the legal framework upholds the rights of individuals to fair treatment and due process.

 

• • Scope of Labour Laws:

 

1. 1. Employment Practices: Hiring and Firing regulations around hiring practices are governed by the Bangladesh Labour Act, 2006. Termination procedures and severance pay are specified under Sections 26-27, detailing notice periods and compensation. Standards for employment contracts are outlined in the Labour Act, including provisions for permanent, temporary, and contractual employment. Section 4 eLabourates on contract specifics.

1. 1. Wage Regulation: The minimum wage is set by the government and is periodically revised. Details are provided under Section 148. Timelines and methods of wage payments are specified in Sections 123-124, requiring payment by the seventh day after the last working day of the wage period.

1. 1. Health and Safety Standards: Detailed guidelines for maintaining a safe work environment are provided under the Bangladesh Labour Act, 2006, Sections 61-77. Safety training, emergency preparedness, and the provision of safety equipment are mandated under Sections 78-82.

1. 1. Working Hours and Conditions: Regulations on the maximum number of work hours per day/week are provided in Section 100, limiting work to 48 hours per week and 8 hours per day. Mandatory breaks, weekly rest days, and annual leave are detailed in Sections 101-103, ensuring workers have adequate rest.

1. 1. Dispute Resolution Mechanisms: Procedures for reporting and resolving grievances are outlined in Sections 202-204, promoting a structured approach to handling worker complaints. Steps for mediation and arbitration before escalating to legal proceedings are specified under Sections 210-213, emphasizing alternative dispute resolution methods.

1. 1. Social Security Measures: Retirement benefits and pension plans for workers are discussed in the National Social Security Strategy (NSSS). Medical benefits, health insurance, and workplace injury compensation are provided for under Sections 99 and 150-151.

1. 1. Contribution to Economic Stability and Growth:

 

1. 1. Increased Productivity: Fair Labour practices contribute to a motivated and productive workforce, driving economic growth.

1. 1. Attracting Investments: Strong Labour laws can attract foreign investments by ensuring a stable and reliable Labour market.

1. 1. Reducing Industrial Conflicts: Effective dispute resolution mechanisms reduce the likelihood of industrial actions, ensuring business continuity.

Historical Context:

The development of Labour laws in Bangladesh is deeply rooted in its colonial past and has evolved significantly since the country’s independence in 1971. Initially influenced by British colonial rule, the Labour movement in Bangladesh gradually gained momentum, leading to the establishment of various Labour laws and organizations. The historical context of Labour laws in Bangladesh reflects the struggles and achievements of the Labour movement, which have shaped the current legal landscape.

I. Pre-Independence Era:

A. Influence of Colonial Rule: During the British colonial period, Labour laws in the Indian subcontinent were primarily designed to serve the interests of the colonial administration and industrialists. The colonial government introduced several Labour regulations to control the workforce and suppress Labour movements. Key legislations during this era included:

 

1. 1. Factories Act of 1881: This was one of the first attempts to regulate the working conditions in factories. It aimed to improve the conditions of Labourers, particularly in terms of working hours, child Labour, and safety measures. However, its primary focus was on maintaining order and productivity in the burgeoning industrial sector rather than ensuring workers’ rights.

1. 1. Indian Trade Unions Act of 1926: This Act provided legal recognition to trade unions, allowing them to register and function legally. It was a significant step towards organizing Labour movements, as it granted workers the legal right to form associations and unions to collectively bargain for better working conditions and wages.

1. 1. Payment of Wages Act of 1936: This Act aimed to ensure timely payment of wages to workers and prevent unauthorized deductions. It mandated that wages be paid on time and specified the permissible deductions, thereby protecting workers from exploitation regarding wage payments.

B. Early Labour Movements and Demands: The early Labour movements in the Indian subcontinent, including present-day Bangladesh, emerged in response to exploitative working conditions and inadequate wages. Workers began organizing strikes and protests to demand better wages, reasonable working hours, and improved working conditions.

 

• • Great Bengal Textile Strike of 1937: This was one notable example where thousands of workers in the textile industry went on strike to demand better working conditions and higher wages. The strike highlighted the growing discontent among workers and their willingness to organize and fight for their rights.

C.  Key Legislations Pre-1971

Several significant Labour laws were enacted during the colonial period, which laid the foundation for future Labour legislation in Bangladesh. Some of these key legislations included:

 

1. 1. Factories Act of 1881

1. 1. Indian Trade Unions Act of 1926

1. 1. Payment of Wages Act of 1936

These laws were essential in shaping the early framework for Labour rights and provided a foundation for the future development of Labour laws in Bangladesh.

II. Post-Independence Period (1971-1990s):

A. Constitution of Bangladesh and Labour Rights: The Constitution of Bangladesh, adopted in 1972, enshrines several fundamental rights and principles related to Labour:

 

1. 1. Article 14: Emphasizes the state’s responsibility to emancipate peasants and workers from all forms of exploitation.

1. 1. Article 15: Ensures the provision of basic necessities, such as food, clothing, shelter, education, and medical care, and aims to secure the right to work and reasonable wages.

1. 1. Article 20: Stipulates that work is a right, a duty, and a matter of honor for every citizen who is capable of working and that everyone should be paid fairly according to the work they perform.

1. 1. Article 34: Prohibits all forms of forced Labour.

1. 1. Article 38: Guarantees the right to form associations and unions, which are critical for the protection of Labour rights.

B. Establishment of Key Labour Organizations: Following independence, various Labour organizations were established to represent and protect the interests of workers. Prominent Labour organizations included:

 

1. 1. Bangladesh Trade Union Federation (BTUF): Played a significant role in advocating for workers’ rights and improving Labour conditions.

1. 1. Bangladesh Garment Workers Unity Council (BGWUC): Focused on the garment sector, which became a crucial part of the country’s economy, and worked towards ensuring fair wages and safe working conditions for garment workers.

C. Initial Labour Laws and Regulations: In the years following independence, Bangladesh enacted several Labour laws to address the needs and rights of workers. Notable legislations included:

 

1. 1. The Bangladesh Labour Act of 1971: This Act consolidated various Labour laws into a single framework, covering aspects such as employment conditions, industrial relations, and workers’ welfare. It was a comprehensive piece of legislation that aimed to regulate the Labour market and ensure fair treatment of workers.

1. 1. The Employment of Labour (Standing Orders) Act of 1965: Although enacted before independence, this Act remained in force and played a crucial role in defining terms of employment, working conditions, and disciplinary procedures for workers. It helped establish a clear framework for employer-employee relations and ensured that workers’ rights were protected.

D. Major Labour Movements and Reforms: The post-independence period witnessed significant Labour movements and reforms aimed at improving workers’ rights and conditions:

 

1. 1. Strikes and Protests in the 1980s: The 1980s saw major strikes and protests by workers in the jute and textile industries, demanding fair wages and better working conditions. These movements were instrumental in drawing attention to the plight of workers and pushing for legislative reforms.

1. 1. Introduction of Minimum Wage Laws: In response to workers’ demands, the government introduced minimum wage laws to ensure that workers received fair compensation for their Labour. These laws set the minimum wage levels for various sectors and aimed to prevent exploitation.

1. 1. Improvements in Workplace Safety Regulations: Labour movements also led to improvements in workplace safety regulations. The government introduced measures to ensure safer working environments, such as mandatory safety equipment and regular inspections of factories and workplaces.

III. Labour Laws and Reforms (1990s-2000s):

A. Significant Amendments and Enactments: The Bangladesh Labour Act 2006 was a landmark piece of legislation that consolidated and amended previous Labour laws to provide comprehensive protection for workers’ rights. This Act was aimed at improving working conditions, ensuring fair wages, promoting occupational health and safety, and facilitating dispute resolution mechanisms.

Key Amendments:

 

1. 1. Provisions for Maternity Benefits and Welfare: The Act included specific provisions to ensure that women workers receive maternity benefits, including paid leave and job security during and after pregnancy.

1. 1. Regulation of Child Labour: It established strict guidelines to regulate child Labour, setting minimum age requirements and working conditions for young workers.

1. 1. Guidelines for Occupational Safety and Health: The Act outlined responsibilities for employers to ensure safe and healthy working environments, including measures to prevent workplace accidents and occupational diseases.

B. Expansion of Labour Rights and Protections:

 

• • Introduction of Minimum Wage: The government introduced a system for regularly updating the minimum wage across various sectors to ensure fair compensation for workers. This measure was designed to protect workers from exploitation and ensure a living wage.

• • Worker Welfare Funds: Welfare funds were established to provide various benefits to workers, such as healthcare, housing, and education. These funds aimed to improve the overall quality of life for workers and their families.

C. Creation of Specialized Tribunals and Courts:

 

• • Labour Courts: The Labour Act established Labour courts to handle disputes related to employment, wages, and other Labour issues. These courts provided a formal mechanism for workers and employers to resolve conflicts.

• • Labour Appellate Tribunal: A higher appellate body was created to hear appeals against the decisions made by the Labour courts. This tribunal ensured that disputes could be reviewed and justice could be served fairly.

D. International Labour Standards and Bangladesh:

International Labour Organization (ILO) Conventions: Bangladesh has ratified various ILO conventions, committing to uphold international Labour standards. Notable conventions include:

 

1. 1. ILO Convention 87 and 98: These conventions concern freedom of association and the right to organize and engage in collective bargaining.

1. 1. ILO Convention 182: This convention addresses the prohibition and elimination of the worst forms of child Labour.

IV. Recent Developments and Current Scenario (2010s-present):

A. Response to Rana Plaza Disaster (2013):

 

• • Amendments to the Bangladesh Labour Act (2013): In response to the Rana Plaza collapse, significant amendments were made to enhance workplace safety and workers’ rights.

Key Provisions:

 

1. 1. Mandatory Establishment of Safety Committees: Section 90 Requires the establishment of Safety Committees in factories to ensure workplace safety and health standards.

1. 1. Stricter Building and Fire Safety Regulations: Section 61 Addresses the need for fire safety measures, including the installation of fire extinguishers and regular fire drills. Section 62 Focuses on building safety, including structural integrity and regular maintenance.

1. 1. Enhanced Workers’ Compensation: Section 150 Provides for compensation for workers injured in accidents. Section 151 Outlines the compensation process for families of workers killed in workplace accidents.

B. Strengthening of Safety Regulations and Inspections:

 

1. 1. National Tripartite Plan of Action (NTPA): This plan, though not a part of the Labour Act itself, was developed colLabouratively by the government, employers, and workers to improve factory safety and compliance with safety regulations.

1. 1. Department of Inspection for Factories and Establishments (DIFE): Section 320 Describes the roles and responsibilities of factory inspectors. Section 323 Empowers inspectors to enforce safety regulations and take corrective actions as necessary.

C. Labour Law Enforcement and Challenges:

 

1. 1. Challenges in Implementation: Section 307 Discusses penalties for non-compliance with Labour laws, highlighting the challenges in enforcement. Section 318 Provides for the establishment of Labour courts to address disputes and enforcement issues.

1. 1. Trade Union Activities: Section 176 Allows for the formation of trade unions. Section 179 Details the rights and responsibilities of trade unions, including the right to collective bargaining.

D. Impact of Globalization and Industrialization:

 

1. 1. Global Supply Chains: Section 205 Addresses the responsibilities of employers in maintaining Labour standards in alignment with international norms.

1. 1. Industrial Growth and Worker Rights: Section 232 Emphasizes the need for balancing industrial growth with the protection of workers’ rights and welfare.

Conclusion:

The evolution of Labour laws in Bangladesh highlights the country’s commitment to protecting workers’ rights and promoting fair Labour practices. At Russel and Partners, we remain dedicated to providing expert legal support, ensuring compliance with these laws, and advocating for the fair treatment of all workers. By adhering to these principles, Bangladesh continues to strive towards a balanced and prosperous economy, where workers’ rights are upheld, and industrial growth is sustainable.

For further legal assistance or inquiries, please contact Russel and Partners, your trusted legal advisors in Labour law and beyond.

 

Best Regards,

Jannatul Ferdaush 

Associate

Lawyer

LL.B. (Hons), American International University of Bangladesh