Most Important Differences between Lock-Out and Lay-Off are as follows:Lock-out:1. Section 2(l) defines Lock-out.2. Lock-out means the temporary closing of a place of employment.3. In Lock-out, the establishment is completely closed.4. Generally, the causes of lock-out lie political, disturbances with trade union leaders, rigid policies of management, etc., besides economic problems.5. Payment of compensation to workers depends upon various factors viz. legal or illegal lock-outs, justified or unjustified.6. Generally, lock-out is declared by employer in answer to strike.7. Lock-out is applicable to entire industryor to entire department of that industry.Lay-Off:1. Sec. 2 (kkk) defines Lay-off.2. Lay-off means the failure, refusal or inability of an employer on account of shortage of raw materials, shortage of power, excess of finished goods, no market demand for finished products etc.3. Lay-off occurs while the establishment is continuing operation.4. In lay-off, the employer is unable to provide employment to one or more workmen due to several reasons generally genuine and owe to economic factors, viz. shortage of coal, raw materials, excess production, shortage of electricity, break-down of machinery, Government policy, no-demand of the finished products in the market, shortage of finance, shortage of space in the storage, etc.5. Compensation shall be paid to the workers laid-off.6. Generally, employer declares lay-off under certain genuine circumstances.7. Lay-off may be applicable to a group of workers or to entire workers, or to the workers to one shift, or some shifts, under certain circumstances.

The difference between full time, part time, casual and temporary employees

Employing staff can be a mine field even for the best of us! One of the confusing aspects can be understanding the difference between employment statuses and what each one can mean for your employees. Todays blog will hopefully shine some light of the topic.

Employment StatusesThere are four employment statuses to choose from: Permanent Full Time Permanent Part Time Casual TemporaryHere is an explanation of each employment status:Permanent Full Time EmployeeFull time employees have been employed on an ongoing basis for an average maximum of 38 ordinary hours per week. They are entitled to: Annual leave Personal leave Public holidays Parental leave Long service leave Superannuation guarantee Period of notice if job is terminatedPermanent Part Time EmployeePart time employees work less than 38 hours per week but these are usually set hours and/or days. They are entitled to: Annual leave Personal leave Public holidays Parental leave Long service leave Superannuation guarantee Period of notice if job is terminatedCasual EmployeeCasual employees do not have regular work hours and are not guaranteed to get regular work. They are paid for the hours worked and receive a loading (usually 25% but you must check the relevant award as this can vary) to compensate them for not receiving the same benefits as full or part time workers. Casuals can be entitled to penalty rates, loadings and allowances again check your award for further details. Casuals are entitled to: 2 days unpaid carers leave per occasion 2 days compassionate leave per occasion Community service leave (except paid jury service) Unpaid parental leave 2 days unpaid adoption leave Superannuation guarantee A day off on public holidays unless a work day has been arranged between the worker and the employer A maximum of 38 hours per week, plus reasonable additional hours After a period of regular employment across 12 months (and if the position is to continue), casuals are entitled to flexible working hours and parental leave Casuals may also be entitled to long service leave and paid parental leaveTemporary EmployeeTemporary employees are engaged for a specific period of time either via a fixed term contract or to assist in a particular project which has an end date. These employees are also considered to be temporary if they replace permanent employees who may have taken long service leave, parental leave or who are injured. Workers engaged via an agency would also be classified as temporary. Temporary employees are eligible for the same entitlements as described above depending on whether they are employed on a full time, part time or casual basis.More information about this topic can be found on theFairwork website.I hope you now have a clearer understanding of the difference between the 4 employment statuses than you did before!This is a very basic description of employment statuses. For more specific information related to your industry and employees, please refer to youraward.

erspective of Labour Law in Bangladesh: Advocate Wasim KhalilinShareIntroductionLabour Law means those rules & customs of state by which the relation of employer Labour is regulated in order to secure peace in the Industrial arena. The modern Labour law is compiled by the state. In the eye of Labour law, the capital & the labour both are equally important. In modern time, the basic purpose of labour law is to create exclusive relation between capital & labour. Ther were many labour laws in previous but now it has only labour laws in Bangladesh. Which name is Bangladesh labour Code, 2006. The Bangladesh labour code is one of the very recent laws with major overhauling changes in the filed of labour legislation. The law governing labour relations is one of the centrally important branches of the law the legal basis on which the very large majority of the people earn their living. The level of the wages-nominal or real which is the vital issue can only be marginally influenced by legal rules and institutions. Marginal influence of the law on the peoples welfare depends on the products of peoples labour which in turn in very large extent the result of technical development. In the second place, it depends on the forces of the labour market on which the law has only a marginal (tough not a negligible) influence and thirdly on the degree of effective organization of the workers in trade union to which the law can again make only a modest contribution[1].Labour law concerns theinequality of bargaining powerbetween employers and workers. Labour law (or labor, or employment law) is the body oflaws, administrative rulings, and precedents which address the legal rights of, and restrictions on,working peopleand their organizations. As such, it mediates many aspects of the relationship betweentrade unions, employers and employees. In Canada, employment laws related to unionized workplaces are differentiated from those relating to particular individuals. In most countries however, no such distinction is made. However, there are two broad categories of labour law. First, collective labour law relates to the tripartite relationship between employee, employer and union. Second, individual labour law concerns employees rights at work and through thecontractfor work. Thelabour movementhas been instrumental in the enacting of laws protectinglabour rightsin the 19th and 20th centuries. Labour rights have been integral to the social and economic development since theindustrial revolution[2].Law is a technique for the regulation of social power. This is true of labour law as it is of other aspects of my legal system. Power the capacity effectively to direct the behaviour of others- is on evenly distributed in all societies. There can be no society without subordination of some of its members to others, without command and obedience, without rule maker and decisions makers. The power to make policy, to make rules and make decisions and to ensure that those are obeyed is a social power. It is same supported and sometimes restrained and sometimes even created by the law but the law is not the principal source of social power.Purpose of labour lawsLabour law is chiefly concerned with this elementary phenomenon of social power. And this is important it is concerned with social power irrespective of the share which the law itself has had in establishing it. As a social phenomenon the power to command and the subjection to that power are the same no matter whether the power is exercised by a person by public function or by a private person, an employer, a trade official. The subordination to power and the nature of obedience do not differ as between purely social or private and legal or public relations. It is a profound error to establish a contract between society and the state and to dee one in terms co-ordination, the other in terms of subordination. As regard labour relations, that error is fatal. In the society, there is unequal distribution of power but view of society about individual as equal. The law does and to some extent must conceal the realities of subordination behind the conceptual scream of contracts considered as concluded between equals.The principal purpose of labour law, is to regulate, to support and to restrain the power of management and power of organized labour. These are abstraction. In their original meanings the words, management and labour denoted not persons, but activities to plan and to regulate production and distribution, to co-ordinate capital and labour in the one hand, the activity to produce and to distribute on the other. But even if, by new common twist of language, management and labour are used to denote not activities but the people who exercise them, they remain abstractions. The word management is always used to identify the individual or corporate body who in a give situation wields that power to define policy, to make rules and above all decisions, through whose exercise management manifests itself to those who are its subordinates. To manage means to command. The ambiguity of the terms management and labour if applied to persons rather than to activities is important that it means the relation between managers and those subject to managerial power.To gauge the distribution of managerial power and to identify its location is not always an easy task. To trace the distribution of managerial power is a difficult task in any given society, no less difficult where the means of production are publicly owned than where they are privately owned. To find who has power our the side of labour is equally difficult.The individual employer represents an accumulation of material and human resources, socially speaking the enterprise is itself in Collective Power. If a collection of workers negotiate with an employer, this is a negotiation between collective entities, both of which are, or may at least be, bearers of power. But the relation between an employer and an isolated employee or worker is typically a relation between a bearer of power and one who is not a bearer of power.The main object of labour law has always been to counteract the inequality of bargaining power which is inherent and must be inherent in the employment relationship There can be no employment relationship without a power to command and a duty to obey. But the power to command and the duty to obey can be regulated. The characteristic feature of the employment relation is the individual worker is subordinated to the power of management but that the power of management is co-ordinate with that of organized labour. The regulation of labour results from combination of those agreed between him or his association and the union through collective bargaining.In the formulation of the rules which regulate the relations between employers and workers the common law has played a minor role. The courts have had a share, but only a small share in their evolution. For this there are number of reasons:(a) The rules and principles in which we are interested are designed to govern the normal typical behavior at the parties. The rules which are needed in labour relations must word ex ante. They must direct people what to do or nit to do, before and not after they have acted, Case law operates ex-port, it does establish rules but not before something has gone wrong.(b) The law is expected to have a share in the regulatior of normal behavior in relations between employers and employed.(c) Rules governing labour relations are an attempt to mitigate the disequilibrium inherent in the employment relation[3].Object of labour legislation:Any enlightened state would intervene in the conduct of industry and impose statutory,obligations mostly in the employers and also to a lesser degree on theworkers in order to maintain industrial peace and good relation between management and workers and to secure to latter better working condition a minimum wage compensation in case of accident medical facilities, provision for future etc.The object of labour legislation is two fold, namely-1. to improve the senile conditions of industrial labour so as to provid for them the ordinal amenities of life, and by that process.2. to bring about industrial peace which could in its turn accelerate production activity of the country resulting in its prosperity.Labour has a vital role in increasing productivity, and management has to help create condition in which workers can make their maximum contribution towards this objective. In free India, the labour movement and the trade unions should be in a position to assume larger responsibilities one of the main tasks in the five year plans is to evolve practical ways in which they can make an increasing contribution to national development and national policy. The growth of the public sector provides opportunities for working out new concepts of labour relations and the association of labour in management of industry[4].Labour Laws in Bangladesh before ,2006The present shape of labour law has not been evolved by one day. It has been evolved day by day . The practice of labour law was started for the first time in ancient Rome. For the first time in Rome,the charge of several professionals like: artist, doctor, animal farmer, were fixed. Then after thousands of year the present shape of law has evolved.The first effective Labour Legislation in this sub-continent is the Indian Factories Act, 1881. The act was passed on the basis oa a report of Major Moore inspector-in-chief of the Bombay Cotton Department in 1872-73. It was major Moore who, for the first time suggested for provisions in the legislature to regulate the working conditions in factories. After submission of the said report vis--vis on the pressure of the Merchants and moll-owners of UK the Factories Bill for India was placed in the British Parliament in 1874. The cause behind the etageres of the merchants of Lancashire for industrial laws in India was that they could make less profits than other British mill-owners who established mills and factories in Bengal or Bombay in India. Since raw materials and labour were cheaper in the sub-continent the merchants of Lancashire Mill-owners Association with a view to put some restrictions upon the working hours and service conditions in the Indian factories managed to place the bill and the Indian Factories Act, 1881 (Act No XV of 1881)was passed. The Indian Factories Act, 1881 applied to manufacturing establishments using mechanical power and employing 100 or more persons. Plantation industries were exempted from operation if the Act. Although provisions of the Act were far from satisfactory yet those, as the basement of factory legislation, played an important role in the field of labour and industrial legislation in the Sub-continent.The Act for the first time limited working hours of women workers to eleven hours a day. The age for employment of children in factories under age of seven year was prohibited. A weekly holiday for children was introduced and a restriction was imposed upon works of children at night.After a lapse of 10 years the Indian Factories Act, 1881 was repealed by the Indian Factories Act, 1891 (Act XI of 1891). The British Government appointed a commission for India in 1890 who submitted report to the Government suggesting enactment of a new law. In the basis of the report of the commission the Factories Act, 1891 was passed, It applied to all factories employing 50 persons and using power, minimum age for employment of children was fixed at 9 years. Working hours of children was limited to 7 hours a day with half an hour rest. Working hours for women was restricted at 11 hours with 1-1/2 hours rest. Male workers were also provided a weekly rest. Half an hour rest in a day for male workers was also provided for in the Act.The Factories Act 1891 was again repealed and replaced in 1911 by the Indian Factories Act, 1911 (Act XII of 1911). The Act put restrictions upon daily works of male persons. An adult male workers maximum hours of work was fixed at 12 hours and that of children at 6 yours a day in textile industries. Seasonal factories were brought to the ambit of factory laws. The Act contained extensive provisions for health and safety and effective inspection of the administration of the factories.Establishment of the International Labour Organization ILO in 1919 is an epoch making event in the history of Labour legislation. British India as a member country of the ILO amended the Factory Law in 1922. By the amendments, all Industrial undertakings using mechanical power and employing 20 or more persons were brought under the Act. Hours of work irrespective of gender were fixed at maximum 9 hour a day and 60 hours a week. One hour rest was granted to workers, for works exceeding 6 hours. Minimum age of children for work was fixed at 12. Payment at a rate of 1-1/2 times of normal wages was provided for overtime work. Employment of women and children under 18 years of age were prohibited in dangerous process. The Factories Act 1911 underwent some amendments in 1922,1926 and 1931 and finally the Act was repealed and replaced in 1934.The Royal Commission on Labour was appointed by his Majesty the King Emperor in 1929 to enquire into and report on the existing conditions of labour in industrial undertakings and plantations in British India in the health, hygiene efficiency and standard of living of the workers and on the relations between the employer and the employed and to make recommendations. The commission examined the above aspects and submitted report in 1931. The commission in its reports interalia, made several important suggestions for amending of the factories Act. employer and the employed and to make recommendations. The commission examined the above aspects and submitted report in 1931.The commission in its reports interalia, made several important suggestions for amending of the Factories Act.Mainly in the basis of the recommendations of the Royal Commission on labour the Factories Act, 1891 was repealed and altogether a new and comprehensive Act viz, the Factories Act, 1934 (XXV of 1934) was passed . The major objects of the Act was to reduce the hours of work,improve working conditions provide adequate inspection etc. The Factories Act, 1934 covered all manufacturing establishments and using power and employing 20 or more persons. Seasonal and perennial factories were distinguished, 54 hours of work per week and 10 hour works a day in perennial factories for adults and 60 hours per week in seasonal factories were provided. Hours of work of children was reduced. New category of worker named adolescent workers was introduced Certificate of fitness for employment of child worker was made compulsory. Double employment of children was prohibited. Restriction was imposed upon right work of women and children. Payment of overtime allowance@1-1/2 times of ordinary rate of wages retained. Provisions for health and safety have been amplified. Contravention of any of the provisions were made punishable, Minor changes in the Factories Act 1934 was made by amending the Act in 1937, 1940,1941,1944,1945 and in 1946.During the Pakistan regime the Factories Act, 1934 continued up to1965. The then East Pakistan Assembly repeated the said Act and in its place re-enact the same and passed the East Pakistan Factories Act,1965 (Act IV of 1965) The Act was passed in the Assembly on the 5thAugust, 1965 and was published in the Gazette dated 1stSeptember,1965.After liberation of Bangladesh on the 26thMarch,1971 the Act remained in force. No major change in the Act has yet been made[5]. The laws which this Code has replaced were made mostly during the British Colonial regime and Pakistan period and they were as many as 50 in number. In many cases these laws were outdated, scattered, inconsistent and often overlapping each other. In 1992 a Labour Law Commission was formed by the Government of the day which examined 44 labour laws and recommended to repeal 27 laws and it prepared a draft Labour Code in 1994. This draft of Labour Code,1994 underwent series of changes in its vetting stages and finally the Bangladesh Labour Code 2006 was passed by the Parliament on October 11,2006.The Bangladesh Labour Code 2006 is one of the very recent laws with major overhauling changes in the field of labour legislation.LAW AND CHANGERole of law in the society bears relationship between law and social change in view of its funchions as new modes for change, lags an way to development and inducer ndevice to bring about social changes etc.While some progress in the thinking process individually about social study of law and comparative law have been achieved the same as regards their inter relationships have not progressed upto expectation despite an appreciable amount of research in the area, possible, because of the inadequate, availability of trained expertise in the fields of law and social sciences non-availability of research techniques and tools in normative systems e.g. law, too much concern for social control aspect of law and a little study of law in the social contexts.Study of some basic concepts, and then, in this connection the changer modes affecting the relationship of law and social change, comparative law, policy study development approach to law making etc. may definitely lay-open some central issues to unite the implications as to the understanding of the trend of role of law and social change in the modern societies.Comparative study of law by its insight into the existing systems and practices of problems and solvetion of life and living of different societies provides the research methodologies and the basic processes of approaches to the study of law and society. This way the background and perspective to many legal systems may be easily brought to the confines of comprehension which would otherwise appear apparently as unmeaningful or little meaningful when viewed as being isolated from their social systems as a whole.In developed societies there are three main or any to bring about changes in law e.g, legislature, judiciary and executive. On exacts law, another interprets while the other enforces it. In many primitive societies such differentiation of legal functionaries is less developed and there all the above processes of law are exercised and handled by the same body or left to the discretion of the family. But what many be the appearance and formation of the functionaries i.e, the processes as are performed distinctly to some extent and the changes in law occur. Social change and changes in law are interacting processes in all societies. Social study as well as comparative study of law may open up new directions to social problems and their solutions. Dynamic technological culture of the modern societies depends largely on the pursuit of statesmen, lawyers, social scientists and their skills and abilities for better smoother harmony in the life and living of people as social human beings[6].Labour law in present:The British colonial regime and Pakistan period there were many labour laws. In many case these laws were some words like worker were outdated, scattered, inconsistent and other employee owner employer etc had different overlapping each other meanings under different laws. As a result sometime many problem. So in 1992 a labour law commission was formed by the government of the day which examined 44 labour laws and recommended to repeal 27 laws and it prepared a draft labour code in 1994. This draft of labour code ,1994 under went series of changes in its vetting stages and finally the Bangladesh labour code 2006 was passed by the Parliament on October 11,2006. The Bangladesh labour code 2006 is one of very recent laws with major overhauling changes in the field of labour legislation. Section 353 of the code has repealed 25 previous labour related laws. The following laws are here by repealed.1. The workmens compensation Act, 1923 (VIII of 1923)2. The children (pleading of labour) Act, 1933 (II of 1933)3. The workmens protection Act, 1934 (IV of 1935)4. The Dock labourers Act, 1934(XIX of 1934)5. The payment of wages Act, 1936(IV of 1936)6. The employers liability Act, 1938(XXVI of 1938)7. The Employment of children Act, 1938(XXVI of 1938)8. The Maternity Benefit Act,1939(IV of 1939)9. The Mires Maternity Benefit Act,1941(XIX of 1941)10. The Motor Vehicles (Drivers) Ordinance,1942(V of 1942)11. The Maternity Benefit (Tea Estate) Act, 1950 (xx of 1950 )12. The Employment (Records of service ) Act, 1951 (XIX of1952)13. The Bangladesh plantation Employees provident Fund ordinance, 1959(XXXI of 1959)14. The coal Mines (Fixation of Rates of wages) ordinance,1960 (XXXIX of 1961)15. The Road Transport workers ordinance , 1961 (XXVII of 1961)16. The Minimum wages ordinance ,1961(XXXIV of 1962)17. The plantation labour ordinance ,1962(XXIX of 1962)18. The Apprenticeship ordinance,1962(IVI of 1962)19. The Factories Act, 1965(IV of 1965)20. The shops and Establishment Act, 1965(VII of 1965)21. The Employment of labour (standing orders) Act, 1965 (VII of 1965)22. The companies profits ( workers participation) Act, 1968 (XII of 1968)23. The industrial Relations ordinance, 1969(XXII 1969)24. The newspaper employees (condition of service) Act, 1974(XXX of 1974)25. The Dock workers (Regulation of Employment) Act, 1980 (XVII of 1980)[7]There are still 25 valid laws dealing with labour and industrial issues have not been repealed or consolidated and as such the Bangladesh labour code, 2006 although a consolidated act has nor consolidated all the laws in the filed. Furthermore, although the name of the law is Bangladesh labour code, in fact, it is not a code rather a consolidating legislation only.1. Prior to the promulgation of the Bangladesh Labor Law 2006, the total number of Acts and Ordinances in this field was fifty, of which: 15 were enacted during the British regime 23 were enacted during the Pakistan regime, and 12 were passed after the independence of Bangladesh2. In accordance with the ratified ILO conventions and with a view to creating a constructive environment, for the elimination of the imbalances that prevailed in the issues regarding development of congenial relations between workers and employers, information about existing labor and industrial laws were sought from concerned stakeholders, of both home and abroad. Increase of productivity, the enhancement of favorable environment for investment, the acceleration of industrialization in the context of the changed environment during the post independence period, were also studied.3. To meet the aforesaid demand, the government formed a National Labor Law Commission in 1992, with a view to enacting a modern, up dated and united labor law, headed by Justice Mohammad Abdul Quddus Chowdhury, along with 37 other members representing every concerned quarter.4. After two years of exhaustive study, the Commission submitted its report along with a draft of the unified modern and updated labor law in 1994.5.Subsequently, the draft was reviewed by ILO and numerous Employers and Workers Associations and other human rights organizations in phases for the last twelve years, and at last it was promulgated on the 11th of October 2006 as Bangladesh Labor Law 2006 under the consensus of all the parties concerned.6. The salient features of the newly promulgated law are as follows: One single modern updated code instead of the 25 scattered Acts and Ordinances There are 354 sections in 21 different chapters in the Law The scope and applicability of the law has been extended and definitions ofdifferent terms have been clarified. Ambiguity regarding the age limit of a childhas been eliminated. According to this law any person below the age of 14 shallbe treated as a child. The issuance of an appointment letter and the Identity card for a worker hasbeen made compulsory. Death benefits have been provided for even cases of normal deaths or in casesof any deaths due to causes other than accidents during the continuance of theservice. The usual retirement age has been scheduled at 57 and at that time the workershall be entitled to get all the benefits as are applicable under this law. Even thecase of a workers voluntary retirement, after his continuous service of 25 years2 with his employer, is also a subject which will come under this retirement benefit. Child labor is prohibited even in non-hazardous regular work in an establishment. Appointment of adolescent and female workers is prohibited during the nights and in dangerous occupations. Maternity benefits have been increased to 16 weeks and the qualifying service length has been decreased to six months, but this benefit is limited only up to the birth of two living infants. Special importance is given on occupational health and safety and working environment. There are 78 sections exclusively on it out of a total of 354 sections in the law. Maintenance and preservation of safety record books and introduction of group insurances have been provided for. Time limits for payment of wages have been determined and a provision has been made to realize the unpaid wages through the court. Provisions have been made for the declaration of sector wise minimum wage rates after an interval of every five years. Amount of compensations in cases of death or injury because of accidents at the workplace has been increased. For deaths, the amount of compensation has been ascertained at Taka. 100000.00 per worker and for a permanent total disability, the amount fixed is Taka 125000.00 per worker. In case of an accident that may happen due to employers negligence, the compensation amount shall be double. No one, other than those in the pay-roll of the employer, shall be the member orofficer of an establishment based basic trade union. The purview of unfair labor practices on the part of the workers, employers or the trade unions has been extended. Determination of CBA from amongst the establishment based basic trade unions has been made easier and the period of such determination has been fixed within a time frame of 120 days. Industrial or craft Federations of trade unions, under certain conditions, have been given the jurisdiction to act as CBA Provisions have been made to form compulsorily participation committees in every establishment where 50 or more permanent workers are engaged. Labor courts shall be the only courts to adjudicate all issues under labor law and all appeals shall lie to the labor appellate tribunal Time has been fixed for the adjudication of each and every stage of the cases in the labor court to accelerate the procedure Only the workers employed in an establishment, irrespective of their designation and wage scale are entitled to get the benefits of the participation fund and the welfare fund developed out of the profit of the company. Provisions for provident funds have been made for the establishments run under the private management 3 The punishments for the breach of the provisions of the labor law have been revised appropriately. Imprisonment has also been provided for along with fines A provision has been made to form a National Industrial health and safety council to enact the national policy to ensure the occupational health and safety at the enterprise level. Provision has been made for the strict implementation of the Equal pay for equal amount of work policy of ILO convention Any discrimination or indecent behavior towards female workers has been prohibited under the new law.Sick Leave: 14 days sick leave with full average wages have been provided, in the new Labor Law. In previous laws sick leaves were paid for half average wages.Annual leave with wages: For adults one day for every 18 (eighteen) days of work performed by him/her during the previous period of twelve months. And for adolescents one day for every 15 days of work performed by him/her during the previous period of 12 months.Festival Leave: Every worker shall be entitled to eleven days festival leaves in a calendar year. The Employer shall fix the days and dates of such leaves.Children Room: A children room for every 40 female workers having their children below the age of 6 years have been provided by the law. Previously it was provided for every 50 female workers.Termination of employment by the worker: A permanent worker may terminate the employment serving a 30 days notice to the employer and a temporary worker may terminate it serving a notice of 30 and 14 days case wise. In lieu of the notice, the worker can even terminate the employment returning the wages for that period.Grievance Procedure: Limitation for the application of grievance has been extended to a period of 30 days, though previously it was 15 days only.Fitness certificate: Previously a fitness certificate was issued by the District civil surgeon but now it is to be issued by any registered physician at the cost of the employers.Training on the labor law: Arrangements for training on law was never provided for but now in this new law, training arrangement is made compulsory for the laborers. The worker participating in the training program shall be deemed to be in his or her official duty during continuance of such training. This unified law is applicable with equal force to all the industrial and commercial establishment as previous Shops and Establishment Act-1965 and other labour laws has been abrogated by the promulgation of this new labour code[8].Applicable of Bangladesh labour code, 2006-According to the Bangladesh labour code, 2006 see-1(3) defines save as other wise specified close where in this code, it shall apply to the whole of Bangladesh. And According to see-1(4) defines, Hot with standing anything contained in sub-section (3), this code shall not apply to-1. offices of or under the government2. Society printing press.3. Ordinance factories.4. Establishments for the interment or care of the sick, inform aged, distillate , mortally deranged, orphan abandoned worn an or child or widow which are not run for profit or gains.5. Shops or stalls in any public exhibition or show in so far as such shops or stalls deal in retail trade which is solely subsidiary or ancillary to the main purpose of such exhibition or show.6. Shops or stalls in any public fair or bazaar held for religious or charitable purpose;7. Educational, training or research institutions;8. Hostels and messes not maintained for profit or gain;9. In respect of Chapter-II, any shop or commercial or industrial establishment owned and directly managed by the Government where the workers are governed by the Government Conduct Rules.10. Workers whose recruitments and conditions of service are governed by laws or roles made under Articles 62, 79, 113 or 133 of the Constitution, except, for the purposes of Chapters Twelve, Thirteen and Fourteen, workers employed by the 1. Railway Department;2. Telephone, Telegraph and Postal Departments;3. Public Works Department;4. Public Health Engineering Department;5. Bangladesh Government Press.0. workers employed in any establishment referred to in clauses (b), (c), (d), (e), (f), (g) and (h), except, for the purposes of Chapters Twelve, Thirteen And Fourteen, workers other than teachers, employed by any university;1. seamen, except for the purposes of Chapters Twelve, Thirteen and Fourteen.2. Ocean going vessels, except for the purposes Chapter Sixteen.3. Agricultural farms where less than ten workers are normally employed;4. Domestic servants; and0. Establishments run by owners with the aid of family members and without employing workers for wages.[9]Change in the Bangladesh Labour Act,2006 compare to previous ActPrevious ActChange in Bangladesh Labour Act,2006

1. There were total 700 sections of 25 labour Act in which 10 labour Act were existing since British period and 15 Labour Act exist since Pakistan period.1. There was made correction in 25 different aets and as much possible make it unifying to prepare a full Act incluking 21 chapters and 354 sections. Here removed all the oobscure and inconsistence and bring all the dections in a place. The Act is simple ande perfect timing.

2. Industria ! Ordinance, 1969 do not provide any definition about Group of establishment.2. Section-2 (32) defines the Group of Establishment clearly. Under section 183 there have act about to make the Trade union in the group of establishment.

3. Shops and Establishment Act,1965, section 2 (Ta) defines Industrial establishment, but it is not clear.3.Section 2 (61) defines the Industrial Establishment elearly.

4. Here, total 8 Labour Act decide the age of children between 12-16. it is inconsistence.4. According to ILO Convention 138 by combining different age of children from different Act it is said in section-2 (63) Those have not hashed in age 14 are children. According to Section-34(1)- Children should not employed in any work or institution.

5. In present, there have provision to provide the appointment letter only according to section 3(3) of Road Transport Workers Ordinance, 1961 and section 4 of the Newspaper Employees (Conditions of Service) Act, 1974. There have no any compulsory rule to provide appointment letter to any workers in any other sectors in any industry by the authority.5. To make the contract of the job strong and legal, it is compulsory to provide the appointment letter to all the employees under section 5.

6. There have a provision to diction the Service book according to decided way according to the section 3 and 4 of The Employment (Record of Service) Rules, 1957.But there have no any provision to write down the mothers name and where appreciable husband/wifes name where applicable along employees name6. According to section-6, it is compulsory for the employers to maintain a service book for all the employees except under training, transferring or temporary workers. According to Section-7(2) there have a provision to write down the fathers name and mothers name and husband /wifes name where applicable after the employees name.It is necessary for labour, Iwner and Government.

7. Provide Monetary benefit for death-in present there have no any provision in the Act.7. According to section-19, there have a provision to provide the monetary benefit to the nominee of the death employee if This is a new law of social security of the employees.

8.Termination of service by Employee According the Employment of labour (standing Order) Act 1965, section19(2) employee ..by giving notice. But in that case, he will have no right to get any compensation from the authority.8.In section-27,it is stated that, by providing a notice from employee or return the wages of that period inin lien of giving notice to the employer, employee can terminate his job.There have a provision that any permanent worker like above have ehanec to get the compensation.

9.Retire from the service of the employee- There have no any provision like this in any Act.9.When employee become 57 years old then he will retire from the job naturally. But if the authority thinks him fit then they can appoint him as a contractual basis-there is a provision about it in section 28. It is a new provision.

10.Final period of payment of wages of the employee- In present there have no any act to decide the time period.10.There is a new section-30 which stated that; employer should pay the final wages to the employee maximum 30 working days after his termination.

11.Right and amount of the Maternity benefit-In present laws provide 6+6=12 weeks for the vacation and period of wages as the maternity benefit. The benefit is not limited with the number of children.It is against the population control policy of the government.11.According to the last ILO conventionit is decide to provide the maternity benefit for women employee 8+8=16 weeks for which make a new section -46.And to cope with Countrys population control policy this maternity benefit is limited up to having two living child. Section 2(34) is define the Maternity Benefit. The subject is very clear here.Instead of previous nine months, in present any women women worker can be able to get the maternity benefit for working six months under her employer.

12.To inform the authority about dangerous Building and Equipment-There is no any provision about it in The Factory Act, 1965.12.The employees will inform their employers immediately when apparent any dangerous building or equipment in their working place. After informing if any employee does accident- then the employer will have to compensate him at the double rate than natural- this is stated in section 36 as a new provision.

13.Wages for Overtime- Under section 58 of The Factory Act, 1965, have a provision of overtime wages. But it is not clear.13.In section 108 is stated clearly about that wages that, overtime wages will be provided at double rate. There have no any scope of wrong explanation.

14.Crook the employer property to payment of wages- The payment of wages Act, 1936 does not mentioned this topic clearly and strongly.14.A section -136 is prepared including that Court will crook all the property of the employer and sell in auction to remove the unsatisfactorily or to conform the payment of wages of the employees.

15.Compensation for death from death from accident and for disable According to the Fourth schedule as a complementary of the section-4 of labor compensation Act,1923, there is a provision to provide maximum 21,000 Tk in case of death and provide 30,000 tk on condition in case of permanent disable.15.To upgrade the compensation amount make section-151 wher Fifth schedule stated that employer will provided to employee maximum 1,00,000 tk in case of death and maximum 1.25,000 tk on condition in case of permanent disable.Besides this, in section 15(8),it includes the temporary employees who have in the definition of the desirable compensation owned employees.

16.In the section-6 of the present IRO-69 have no any provision about to inform the employer after being registered in the trade union.16.There is a new provision in the sub-section (3) under section-178-abor director or any officer who get some responsibility related of this kind job, must inform his authority along a copy (including the list of the union) after being getting the application to be registered in any trade union from the employee of that organization.

17.It is stated in the section-7(2) of IRO-69, that if the -30 percent employees are not member of that institution then that institution will not gave right to register in the trade union.But there has no any provision that any institution will not be able to have more than three trade unions at the same time.17. It is stated clearly in the section- 179(5), to discourage buildingt more trade union and can not build or register trade union taking the weakness pount of the law-Any establishment or group of establishment can not poses more than three trade union at the same time.

18. According to sub-section-(1) (kha) of section-7(2) of IRO stated that- except the person terminated by suspension any ex- worker have right to be the member or officer of trade union of his establishment.18. It is stated in sec-180, sub-sec (1) (kha) that, if any person is not working in the establishment at present than he has no right to be the member or officer of the trade union.Moreover, if any officer of the trade union involved in any kind of illegal strike them he will be disqualified or the next period. It will have a positive impact on the basic trade union of the establishment and the Industrial relative sectors.

19. There has no any provision in the section -8 of IRO-69 about appeal in the High Court by the register against any judgment of the labour court on the trade union registration.19. There is a provision in the sub-section (6) of section-182, which labour director can appeal in the labour Tribunal court against the judgment of the labour Court in favour of getting the permission of the trade union registration within 30 days. It is a new provision.

20. It the present IRO-69 have no any provision about the building of trade union for group of establishment and to select the officers of its.20. It is mentioned in the sec-183(7) that according to the policy of building the trade union for the group of establishment can have maximum one-fourth outsider officers in the standing committee.This is for the betterment of the union.

21. At present in IRO-69 according to civil aviation has no any different policy for building the trade union.21. The employees involve in the expertise profession of the private airlines can build separate trade union for their own occupation bided on certain conditions. It is a new provision. It is explained in the section184.

22. There has no any provision to build trade union in IRO-69 for Bangladeshi sailors who works in the pelagic shop.22. There is a new provision in the sec-185 for the Bangladehi sailor of the pelagic ship that they can build only one trade union on some conditions.

23. According to the diction-47-kha of IRO-69 is stated that without the permission of the decretory or general geometry of the trade union can not transferred him in another place. Repealed provisions of labour law23. there is a new provision in the sec-185 that, without the permission of the secretary, general secretary, organizing seoretary and treasure of the trade union can not transfer him from one distriet to another distriet. It is an extended and clear Changes made in Bangladesh labour law,2006.

24. Under section 15 of IRO-69, unfair labour practices on part of the employer are mentioned.24. Section 195, entitled as unfair labour practices on part of the employer, has included some additional actions that will also be treated as unfair labour practices on part of the employer. /they are:# Delaying intentionally to take any action as per the suggestion of the participating committee.# Failing to respond to any letter received from the collective bargaining agent regarding any industrial controversy.# Transferring the Chairman, general secretary, organizing secretary or treasurer of the union by violating the provisions under section 187.# Illegal lock-out.

25. Under section 16 of IRO-69, unfair labour practices on part of the employees are mentioned.25. Under section 196, unfair labour praetices on part of the employers have included some additional actions:# Illegal lock-out or adopting go-slow strategy.# Besieging / Enelosing, hindering transportation system and destroying assets or establishments.

26. Under section 22 of IRO-69, guidelines for electing the collecting bargaining agent or CBA of employees have been mentioned But in many eases these guidelines are not clear and simple26. Under section 202, provisions for electing CBA are described in details. Here the whole process is mentioned in an easy and simple manner. For accomplishing each step time period is fixed up.If any competing trade union receives less than ten percent of the total vote in the CBA election, its registration will be cancelled automatically. This is a new provision.

27. No trade union federation federation is allowed to function as CBA as per the IRO-69.27. Under section 203, there is a provision which has mentioned that when a trade union under any federation is the CBA, In those cases as per some conditions that BA can act on behalf of that trade union.

28. Under section 24 of IRO-69, participation committee shall be constituted with equal number of participants from employer and workers. But the non-CBA unions are not unclouded here.28. As per diction 205,there is a provision for constituting participation committee. In the process of nominating the members of the committee from workers, there are arrangements for unifying those CBA and Non-CBA unions.

29. There is no provision for implementing the suggestions of participation committee in the IRO-6929. Under section-208 there is a new provision entitled as implementing the suggestions of participation committee. For the sake of cordial industrial relationship it will help the participation committee to function effectively.

30. The mode of settlement of industrial disputes has been described in sections 26 to 31 of the IRO-69. It has stated that negotiations related to industrial disputes shall be settled down through talks. But there is no definite time limit for advancing from one step to the next one. So, there prevails many more conflicts and lack of transparency.30. Under section 210. there is a detailed provision for negotiating industrial disputes. Here in each step there is a time limit for negotiation. So, the industrial disputes negotiation process will work faster than before.

31. There is a provision for declaring strike or lock-out under section 32 of IRO-69. But there is no provision for applying to law court by the dispute raising personnel before going on strike and lock-out.31. Under section 211 the process of declaring strike or lock-out has been mentioned.It is a new as well as advanced process. Before going to strike or lock-out, the dispute raising party and after the commencement of the strike or dispute; any parties relating to dispute can submit the dispute to the law court.Besides this, under a new sub-section 8 of the same section, it is stated that if any new establishment is established under the foreign or local ownership or joint venture of these two, strike or lock-out shall be banned for three years for that particular establishment. But other provisions relating to negotiation of industrial disputes shall no applicable to them.

32. There is provision for labour court, and the power, proceeding and functions of labour appellate tribunal under the sections 35 to 38 in the IRO-69.32. From section 214 to 218 there are provisions for labour court and labour appellate tribunal.Here the authority of labour court has been extended and the indicial proceedings have been made faster. Lengthy judicial process, the prayer for extending time period absence on the date of hearing these complications can be controlled.According to the present law. The judicial pronouncement regarding the payment of wages and compensation; made by the labour court shal be final. In these cades, there is no chance to go to appellate tribunal. But, ninety percent cases of the labour court are of these types. On the other hand, those cases which are related to unkustrial dispute can be appealed in the appellate tribunal against the decision of labour court, But, the number of these types of cases is less than tin percent.So, to have justified judicial result all pronouncements, decisions, awards, orders of the labour court have been qualified for appealing in the appellate tribunal. There is also a provision of multi-bench for the appellate court. All authority relating to the supervision and controlling of labour court have been handled to appeal court.

33.Under sub-section 2(cha) in The Companies Profits (Workers Participation) Act, 1968 the definition of the worker has been defined as the following: The term Worker will mean the employee of an organization the monthly basic salary of whom is not more than nine thousand and who is employed in the organization not less than six months.33. Under section 233 (1) (ja). worker is defined as follows:In an establishment worker means those persons who is working in that company for not less than six months irrespective of his designation and position in that company. But the following persons shall not be included in the definition of the worker, persons who are:(1) Employed in a managerial or administrative capacity;(2) Employed in a supervisory work for his duties or for the powers given to him; functions of administrative or managerial nature That means to define worker, the bindings on minimum limit of wages has been omitted.

34. In the existing labour law two acts are there containing the provisions for establishing provident fund for workers of tea garden and newspaper industry. It is not mandatory for other sectors to establish provident fund for there workers. But, only in the Employment of lablour (Standing Order) Act, 1965; it is stated that; any worker, who is a member of a provident fund shall not be deprived from its provident fund benefits including employers participation in it, if he is entitled to receive it as per the provisions of the fund.34. In the existing Act, provident fund provision has been extended. In case of private sector establishments all permanent employed workers shall receive provident fund facilities and there is a separate provision for establishing, managing and reservation of provident fund under section 264 consisting 18 sub-sections. The provident fund will be established as per the provisions of the Government and the trustee board will consist of equal participants from both employer and workers. But the chairman of such committee shall be the representative from government.It is a social security provision for the workers, within the indirect supervision from the government; this fund will remain secured, the harassment of the workers will come to an end and they will be facilitated.

35. The provision for penalty,At the end of each and every exiting Act, there is a provision for penalty. But in most of the cases these are out of date and impractical. Besides this, as different provisions for penalty are prevailing so, there is a chance to charge different degrees of penalty in case of same level of offence or violation of laws.35. In the chapter 19, from sections283 to 316, total 34 sections are there entitled as Offence, penalty and procedure. Here, these provisions are combined and updated which are appropriate at this age.Here the rate of penalty has been increased and adjusted according to the level of offence. In most of the cases, fine as well as imprisonment is also imposed as penalty. Hopefully, it will make everybody to reduce the rate of violation of laws.

36. In the exiting factory Act, 1965; under chapter 3- Health provisions for workers chapter 4-Safety issues for workers and establishment, chapter -7 employment of young persons, chapter-9 several provisions for safety precautions are stated here.Besides this, under schedule 3 of Compensation act, 1923 the list of occupational diseases is mentioned.Under Section 5 of Dock Workers Act, 1934 it is described in detail that in which sectors Government can impose regulations to ensure safety for the dock workers. Besides this, whole Dock workers Regulation is about heath and professional safety provisions.In spite of all those above mentioned provisions, there is no provision to form a highly powerful decision making authority as industry, health and safety council at the national level.36. To ensure enhanced and complex safety measures of establishments, maintain a healthy environment and prepare guidelines for implementation of those guidelines under section 323-there is a provision to form a highly powerful committee entitled as National Industry Health and Safety Council.The honorable minister of labour and Employment Ministry will be the chairman of that council by virtue of his position, To ensure female representation in that council, it was mandatory for the employers and workers representative institutions to include at least one female representative in their seven members group.It is a new and updated proposal.

37. There is no provision entitled as The responsibility of the workers.37. On the way of clarifying the provisions of acts, there is a separate provision under section 331 entitled as The responsibility of the workers.

38. There is no separate provision for the functional/applied conduct with women in the workplace.38. Under section 332 entitled as Conduct with women workers it is stated that no one in that establishment shall behave with women workers as though it is a discourteous conduct, indecent or it is contrary to the deference and modesty of a women.It is a new provision adjusted with governments new regulation.

39. Though it is stated in every consented/approved policy and regulations that there is no difference between the wage rate for work of male and female workers, nevertheless this issue is not clearly stated in a separate provision in the existing labour laws.39. In the light of ILO Convention-100, confirmed by Bangladesh regarding the basic rights and in the context of all approved policy of the country, there is a separate provision under section-345 entitled as equal payment of wages for equal quantity of work.

40. There is no separate provision to inform the acts and provisions of labour laws, through training; to the workers and employers of an establishment in the current labour law.40. To ensure healthy industrial relations and advancement of industrialization it is very much important to know the provisions of laws and regulations with proper explanation.It can be informed to them through proper training with this view under section 348 there is a provision for training of both employers and workers on the law related issues.

41. In the existing Factory Act, 1965 in respect of restrictions of employment of young persons on dangerous machineries; there is no separate provision entitled as disclosing the list of highly dangerous type of work.41. Under sub-section 3 of section 40 it is stated that No adolescents shall be appointed in any kind of work which will be announced from time to time, through gazetteer notification by the government as highly dangerous work.

42. In the existing Factory Act, 1965, under the title Drinking Water, there is no provision for Oral Rehydration Therapy.42. Under sub-section (4) of section 58 it is stated that if dehydration occurs due to close working position to an excessive heat generating machine, Oral Rehydration Therapy shall be provided with.

43. Under the existing provision entitled as Precautions in case of fire, it is not mandatory to arrange fire drill.43. Under sub-section (8) of section 62, it is stated as follows;Factories where 50 or more workers and officials are employed, fire drill should be arranged at least once a year and it should be registered as per regulation.

44. In the existing act, the maintenance of floor, stairs, and inside passages is not stated clearly.44. To clarify the issue under sub-section of section72 it is stated as follows:Each and every floor, passage and stairs shall be kept clean, wide and free.

45.In the existing labour act, there is no provision for incorporation of compulsory group insurance for workers.45. To ensure social safety under section 99 there is a provision for introducing group insurance scheme like the followings:In those organizations where at least 200 workers are working, there group insurance can be introduced as per the provision of the Government .

46. In the existing Minimum Wage Ordinance -1961. there is no clear provision for determining the necessity of minimum wage and reed fining wage level at regular interval for any industrial establishment46. Understanding the necessity of determining minimum wages for workers of different industrial sectors under private ownership, there is a provision to clarify this issue under diction 139(1). At the end of this action there is an explanation of this issue as the following:Explanation: Government can consider the issue of determining minimum wage for the workers of that industry as per the application of both employer and worker of that particular industry,Under section139 there is a new provision under sub-section (6):The settled minimum wages for the worker of an establishment as per the regulation of govt. shall be redefined or rescheduled in every five year.

47. There is no provision for establishing national trade union federation or registration of it .47. For establishing a national trade union federation under subsection (5) of section 200 there is new[10].

Whether the changes brings any benefit to the labourThe initial labour law text dates back to 1969. All relevant laws are now included in one document. On the whole, this new legislation constitutes a progress with regards to the previous legal framework. Improvements include the extension of maternity leave from 12 to 16 weeks, and the facilitation to create trade unions in specific sectors. Also, all prosecutions for offences in the Labour Code 2006 must now take place in the Labour Court rather than in the Magistrates Courts as before and the court should follow the Criminal Procedure Code (section 313(1)). Complaints can be lodged either by an inspector [Section 319(5) allows an inspector to lodge a complaint to the Labour Court with regard to commission of any offence] or an aggrieved person or trade union but they must be done so within six months of the commission of the offence (section 313(2). However, several actors pointed to the fact that the new labour law is still weak on many issues. On Working hours for example, the legislation is weak: it fixes the working hours of a worker to a maximum of 10 hours a day, but specifies that exception may be allowed in general or in particular for any establishment with the conditional permission.WORKING CONDITIONSWAGESChapter 10 of the new labour law deals with the provisions related to the wages of the labour. Wages include the following items as per section 120 of the new labour law: Any bonus payable or any other additional wages as per the terms and conditions of the employment; Any remuneration payable during leave, holiday and overtime; Any amount payable against the order of the court or against the award of arbitrator; Any amount payable to the worker against out of the contract between the owner and the worker after the employment is expired by dismissal, discharge, retrenchment, or termination; Any amount payable due to lay off or temporary suspension. The new law has also provided a list of exclusion in section 2(45) to exclude the following accounts head from the term wages: Expense of housing facilities like lighting facilities, water supply, medical or any other facilities; Owners contribution to the provident fund of the worker; Traveling allowances or concessions thereof; Any other sum paid to worker to cover any special expenses entailed to her/him by the nature of the employment.But, as per different decisions of the courts of Bangladesh, the following items are also treated as part of the wages of a worker: Any amount payable to the worker by the order of the court or the award of the arbitrator shall be treated as the wages; Overtime allowance shall be treated as wages; Compensation on retrenchment (on ground of redundancy) shall be treated as wages; Allowance during lay-off or temporary suspension shall be treated as wages; Increment shall be treated as wages; Compensation at the expiry of the employment by any means like dismissal, discharge or otherwise shall be treated as wages; Gratuity on discharge or any other gratuity shall be treated as wages; House rent allowances shall be treated as wages; 5 Wages during leaves or holidays shall be treated as wages.Changes in the present law:1. Previous law excluded the gratuity on discharge from the wages of a worker but the new law includes it as part of the wages.2. The word gratuity was never defined anywhere in the earlier labour law but the newlaw defines it properly in section 2 (10) where it is defined as the amount of the wages ofat least 30 days payable to a worker who worked in a factory not less than 6 months at theexpiry of her/his employment.3. Previous law provided only the exclusion list with the definition of the wages but thepresent law provides both the inclusion and exclusion lists to make a complete sense.4. Provident fund is considered to be the wages and is payable within 30 days of the expiry of the employment.Persons responsible for the payment of wages Provisions of the new labour law:Under the new law the following persons shall be responsible for the payment of the wages of the worker. Owner of the factory; Chief Executive Officer (CEO) of the company; Manager/person assigned responsibility by the company; The Contractor, for payment to workers appointed by the Contractor.Changes in the present law:In case of the failure of the contractor to pay the wages to the worker, the principal owner shall pay the same and subsequently it can be adjusted with the accounts of the contractor.Fixation of wage periods and time of payment of wages Provisions of the new labour law:The person responsible for the payment of wages of the worker shall fix a period of wages and accordingly pay it as per the time given in the law. Section 122 guides the paymaster to fix a period not exceeding 30 days and section 123 provides that payment shall be made within seven working days of the expiry of a wage period.Changes in the present law:There is a big change. In previous law, where there is less than 1000 workers employed, the employer had to pay before the expiry of the 7th day from the end of the wage period and in the railway or any other factory or industry , the employer had to pay before the expiry of the 10thday from the end of the wage period. 6Deductions from the wages Provisions of the new labour law:Section 125 of the labour law 2006 deals with the deductions made from the wages of theworkers. Following are the deductions valid under the present law:1. Fines under section 25 (section 25, however, states that no fine shall be allowed morethan one-tenth of the total wages receivables by a worker in a particular wage period andno fine for a worker aged below 15);2. Deductions for absence from duty;3. Deduction for damage or loss of goods entrusted upon the worker in her/his custody;4. Deduction for house accommodation supplied by the employer;5. Deduction for such amenities or services supplied by the employer as the government has authorized;6. Deduction for recovery of advances or for adjustment of overpayments;7. Deduction for Income tax payable by the worker;8. Deduction for subscription to and for repayment of advances from the provident fund9. Deduction for the payment to the co-operative societies approved by the government.Up to these 9 points the new law remains exactly the same as section 7 of the earlier Payment of Wages Act 1936, but the new law added more deductions like the following:Deductions for the subscription of CBA Union in check-off method; Deduction for any welfare fund formed by the employer and authorized by the Government.Grievance procedure in case of illegal deductions or delay in payment Provisions of the new labour law:Application by the worker her/himself or her/his successor in case of her/his death; Application to the labour court only; Application within 12 months from the date of such illegal deduction or the date of the payment being due, but the court can take it even after the expiry of the said period; Up to 25% as compensation on the wages due at that time may be ordered; No court fee is payable by the aggrieved worker; rather, if the worker wins the case it is the owner who shall reimburse the payable court fees; Single application on behalf of all the workers so aggrieved. 7Changes in the present Law:At present, the Chairman of the Labour Courts is only eligible to hear the cases; Previously, the limitation period was only six months, now it is twelve months. 8WORKING HOURS AND LEAVESDaily hours Provisions of the new labour code:Section 100 makes a provision of 8 working hours a day for an adult worker, but an adult worker may work 10 hours a day provided all the conditions of section 108 have been fulfilled. According to that section, the employer is required to pay the worker, overtime, double the rate of her/his usual wages. i.e. basic & dearness allowance, if any. The employer is also required to maintain an overtime register as per the law.Changes in the present law:Daily hours has been reduced to 8 hours-a-day from previous 9 hours-a-dayInterval for rest and meal* Provisions of the new labour code:Interval for rest is provided in the following manner:1. One hour interval for rest or meal for six hours of work;2. Half an hour interval for rest or meal for 5 hours of work.Changes in the present law:No change has been made.Weekly hours**Provisions of the new labour code:The new law makes a provision of total 48 (forty eight) working hours for a worker, but it can be extended up to sixty hours, subject to the payment of overtime allowances as per section 108 of the law. However, an average of 56 working hours per week in a year for a labour must not be exceeded under any circumstances. But the new law makes a provision for exemption approved by the government if it thinks so fit.Changes in present law:Exemption clause has been inserted in the new law, by which the government is empowered to exempt any of the factories for the purpose of this rule for a maximum period of six months at a time.Weekly Holiday***Provisions of the new labour code:Section 103 of the new labour code makes the provision of one day weekly holiday for all the workers employed in a factory.* Section 101 of the Labour Law, 2006** Section 102 of the Labour Law, 2006*** Section 103 of the Labour Law, 2006Changes in the new law:No change.PAID ANNUAL LEAVEAnnual leave with wageProvisions of the new labour law:Section 117 of the new labour law deals with the provisions for annual leave with wages. The section provides as follows:1) Each worker, who has completed one year of continuous service in a factory, shall beallowed during the subsequent period of twelve months leave with wages for a numberof days calculated at the rate ofi) for adult workers, one day for every 18 (eighteen) days of work performed by her/himduring the previous twelve months;ii) For adolescent worker, one day for every 15 (fifteen) days of work performed by her/him during the previous twelve months.2) An adult worker shall cease to earn any such leave when the leave due to her/himamounts to 40 (forty) days and an adolescent worker shall cease to earn the said leavewhen the leave due to her/him amounts to 60 (sixty) days.Festival holiday*Provisions of the new labour law:1) Every worker shall be entitled to eleven days festival-leave for every calendar year. The employer shall, at the beginning of the year, fix the day and date of such leaves.2) The employer may require any worker to work on a festival holiday provided that twodays additional compensatory holidays with full pay and one alternative holiday shouldbe given to her/him under section 103.Changes in the present law:Festival holiday has been increased by a day in the new labour law 2006.Casual leaveProvisions of the new labour law:Section 115 of the new labour law deals with the provisions for casual leave of a worker. It makes a provision for 10 days casual leave with full wages.Sick leave **Provisions of the new labour law:* Section 118 of the Labour Law, 2006** Section 116 of the Labour Law, 2006All workers employed in a factory shall be entitled to get 14 (fourteen) days sick leave with full average wages. Provided, such a leave shall not be granted unless a Registered Physician employed by the employer or any other Registered Physician has certified her/his illness.Changes inthepresent law:Earlier laws provided for the same period of leave with half average wages, whereas, the new law makes provisions for the sick leave to be one with full average wages. The requirement for certification by a Registered Physician does not exist in the earlier laws. However, it has been added to the new law.EMPLOYMENT OF FEMALEProvisions of the new labour law:There areanumber of sections where the employment and protection of women have been discussed. The sections are 45, 50, 79, 87, 94, 109, 332 and 345 of the new labour law, 2006.Night-shift work of female workers:Section 109 of the labour law, 2006 creates a bar on the night works of thefemaleworkers. The section states as follows: No female worker shall be engaged for work in any establishment without her consent between 10 pm and 6 am.MATERNITY BENEFITSMaternity leaveProvisions of the new labour code:In section 46 of the new labour law 2006 provisions have been created for maternity leave of 16 weeks (8 weeks before and 8 weeks after the delivery). But the law also makes a provision that no worker shall be entitled to receive the benefit unless she has served under the owner for a minimum period of six months prior to the notice of the probability of the delivery.Provisions of the previous labour laws:Section 3 of the Maternity Benefits Act, 1939 provides maternity leave of 12 weeks (6 weeks before and 6 weeks after the delivery).Changes in present law:The new law increases the maternity leaves to sixteen weeks from twelve weeks and decreases the duration of the qualifying service period for availing the benefit to six months from 9 months. Also, no maternity benefit shall be payable to any woman if at the time of her confinement she has two or more surviving children.Procedure of payment of the maternity benefitProvisions of the new labour code: Three options are open to the mothers as per section 47 of the new labour law:1. The owner shall pay the total benefits payable for the preceding 8 weeks within 3 daysfrom the submission of the certificate of the probability of delivery (childbirth) by a Registered Physician and shall pay the remaining amount after three working days of thesubmission of the proof-of-delivery.2. The owner shall pay the benefits payable for the preceding 8 weeks including the day of the delivery within 3 days from the submission of the proof of delivery and pay theremaining within the next eight weeks after the proof of delivery is submitted3. The owner shall pay all the benefits payable within 3 days from the submission of theproof-of-delivery to the owner.Provisions of the previous labour laws:Previously the procedure was guided by the Maternity Benefits Act. 1939. Section 5 of the aforesaid Act provided more stringent payment procedure as there was the provision of payment within 48 hours after the certificate from any physician was submitted, whether there remains any working day or not.Changes in the present law:Changes have been made in favor of the management, as the management is required to pay the benefit within three working days. As per the earlier law, it was binding upon the management to pay the benefit within 48 hours only.Amount of the Maternity BenefitsProvisions of the new labour code:As per sections 48 of the new labour code there is a provision of the payment in terms of daily, weekly or monthly, as and where applicable, average wages. The section also provides the formulae for the calculation of the aforesaid average wages as follows:Benefits in case of the death of mother****Provisions of the new labour code:The person nominated by the mother who died, or in the case where no such person is nominated, her legal representative, shall be entitled to receive the benefits as described above.Changes brought by the new law:No change has been made.* Daily Average Wages** Weekly Average Wages*** Monthly Average Wages**** Section 49 of the Labour Law, 2006EMPLOYMENT OF ADOLESCENTProhibition of employment of children and adolescentProvisions of the new labour law:Section 34 of the new labour law creates a bar on the appointment of children in anyestablishment. The section states as follows: No child shall be required or allowed to work in any factory. Adolescent workers to carry token: An adolescent who has completed fourteen years of age shall not be required or allowed to work in a factory unless:1. A certificate of fitness granted to her/him under section 68 is in the custody of themanager of the factory;2. Such adolescent carries a token giving a reference to such certificate while he is atwork;3. Nothing in this section shall be applicable to an adolescent employed in anyoccupation or in a factory as an apprentice for vocational training;4. If the Government considers appropriate, it may as well waive the enforcement of thepre-conditions of the employment of an adolescent for a particular period.Child :In the present law child means a person who has not yet completed his fourteen years of age.Adolescent:Adolescent means a person who has completed her/his fourteen years but has not completed her/his eighteen years of age.Changes in the present law:In the earlier laws, the termchildwas used to mean a person who had not completed 16 years of age and the term Young Personwas used to mean and include both the child and adolescent. Under the earlier law, even a child could have obtained a fitness certificate to get a job in a factory. But in the new law, child means a person who has completed her/his fourteen years of age and adolescent means the person who has completed sixteen years and has not completed eighteen years of age. The present law specifically prohibits employment of children and makes a provision for fitness certificates for the adolescent only.Exception :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. (as per section 44)Certificate of fitnessProvisions of the new labour law:Section 37 of the new labour law requires an adolescent to obtain a fitness certificate to be employed in any occupation or in a factory. A registered medical practitioner shall, on the application of an adolescent or her/hisparent or guardian accompanied by a document signed by the manager of a factory that13 such person will be employed therein if certified to be fit for the work he or she hasproposed to be employed for, issue a certificate of fitness. Such certificate shall be valid only for the subsequent 12 months. The employer shall pay the fees for obtaining such certificate and the fees cannot be realized from the parents or guardians of the worker.Working hours of adolescentProvisions of the new labour law:Section 41 of the new labour law deals with provisions relating to the working hours of the adolescent. As per the section following points are important and relevant for the RMG industry. No adolescent shall be allowed or required to work 5 hours a day and 30 hours a week No adolescent shall be allowed or required to work between the hours from 7 pm to 7 am In every factory, the work of an adolescent shall be limited up to two shifts and no suchshift shall be more than 7 and a half hours An adolescent can only be appointed in a single relay and such relay shall be changedonly with the prior approval of the inspector for once in a month.Restriction of appointment of adolescent in certain workProvisions of the new labour law:Section 39, 40 and 42 of the new labour law reports some activities for which the employment of the adolescent is strictly prohibited. As per the above mentioned sections, the employment of the adolescent are strictly restricted for the following activities: Cleaning of the machinery while it is in motion. Lubrication or for other adjustment operation of the machinery while it is in motion. Any work in-between the moving parts of a machine. Any work under ground or under water.EMPLOYMENTEmployerDefinition in New Labour Law:The Term Employer is defined in section 2, Subsection (XLIX), previously the term was defined in different law for different purposes like for payment of wages, for Employment, for Factories and for Shops and establishment. But the new law provides a single definition to cover all the purposes. As per the above section any person in relation to an establishment who employs workers therein and includes: An heir, Successor, Assignees, Guardian or legal representative of such persons Manager or the person responsible for the management and control of the establishment The authority appointed by the government or the head of the Ministry or division concerned for the State owned establishment Officer appointed for the purposes or where no such authority is appointed the CEO of the Local authority for the establishment run by the local authority. For any other establishment, the Owner of the establishment and every director, Manager, Secretary or the agent of such persons The person in occupation of the establishment or the person in ultimate control of the establishmentForced labourProvisions of the new labour law:Forced labour is strictly prohibited by the Constitution of the Peoples Republic of Bangladesh. Therefore, any Law approving forced labour is Voidab initioas per the constitutional framework of legislation in Bangladesh. Article 34 of the Constitution of the Peoples Republic of Bangladesh stated as follows:-All forms of Forced Labour are prohibited and any contravention of this provision shall bean offence and shall be punishable in accordance with the LawAgain, the two ILO fundamental rights Conventions (nos. 29 and 105) also addresses the abolition of forced labour, and Bangladesh has ratified these two conventions long time ago. But, this constitutional guideline is still ignored in the new Labour Law as the Law has not defined the wordforced labourin it and has not provided for the punishment and procedure thereof. 15 Therefore, forcing the worker to work in a factory for days together continuously by the factory owners against their intention should be strictly prohibited and law should address this issue as per our Constitution and ratified ILO Conventions.DiscriminationProvisions of the new labour law:Any discriminatory behavior on the basis of sex, color and creed is totally prohibited in any law in Bangladesh. Articles 27 and 28 have provided a guideline to the legislator to make the discrimination free environment in every walk of national life. Section 345 of the new labour law is, however, noteworthy in this connection. The section is stated as follows: In determination of the wages for a worker or in fixation of the minimum wages equality irrespective of the sex of the worker, shall be maintained. No discrimination in this regard shall be tolerated by law. Article 27 of the Constitution is stated as follows:-All citizens are equal before Law and are entitled to equal protection of LawArticle 28 of the Constitution is stated as follows:-The State shall not discriminate against any citizen on the grounds of religion, race, caste, sex or place of birth.Therefore, discrimination on the grounds of any of the above issues is prohibited in the country.Service rulesProvisions of the new labour code:Section 3 of the new labour law allows an industrial establishment to make a service rulepursuant to the labour laws of the land.Provisions of the previous labour laws:Section 3 of the Employment of Labour (Standing Orders) Act, 1965 has the same provisions as above.Changes brought by the new law:No change has been made.Comments:Framing of the service rules by an employer is not mandatory, but if these are made, they must comply with the relevant laws.Appointment Letter and ID CardProvisions of the new labour code:Section 5 of the new Labour Law 2006 provides that each and every worker should be given appointment letter and ID card by their employer free of charge.Provisions of the previous labour laws:Previously there was no such law. Only the Newspaper Employees (Conditions of Services) Act, 1974 and The Road Transport Workers Ordinance of 1983 made the provision of the appointment letter for their employees.Comments:Rules are yet to-be-made to provide with a form of the appointment letter or ID card but from the earlier two Laws the following should be there in the appointment letter: employees name, fathers name, mothers name, spouses name and address, date of appointment, type of employment and conditions of the employment.Service bookProvisions of the new labour code:The law provides for a separate section i.e. Section 8 of the law for the entries of the service book of a labour. As per the section following entries shall be there in the service book of a labourer: Employees name, spouses name , mothers and fathers name and address Date of birth Mark of recognition Previous owner and her/his address if applicable Duration of the employment Occupation or designation Wages and allowances Leaves availed Conduct of the workerProvisions of the previous labour laws:Employment of Labour (Standing Orders) Act 1965 does not provide any provisions related to this. Only the provisions for the maintenance of the service book were available in the Employment (Record of Services) Act 1952 and Employment (Record of Services) Rules 1957.Changes brought by the new law:No significant changes are there in the provisions for the service book in the new law.But the new law makes it mandatory for the service book to be signed by both the worker and the employer.The law provides for a list of information to be maintained in the service book of each labour.Classification of workersProvision of the new labour code:Section 4 of the new labour code of 2006 classifies the workers into following classes: 17a) Apprenticesb) Badlies (transfer workers)c) Casualsd) Temporarye) Probationer andf) PermanentThese terms of classification have been properly defined in the present legislationApprentice:A worker who is appointed in an establishment as a trainee and during the period of training he is paid an allowance is called an apprentice.Badlies(transfer workers): A worker who is employed for the period of absence of a permanent or probationer worker.Casual:A worker who is employed on casual basis.Temporary:A worker who is employed purely for a temporary nature of work.Probationer:A worker who is employed on probation for a fix time with a view to fill up a permanent vacancy.Permanent:A worker who is employed to fill up a permanent post or when a probationer completes her/his probation period in an establishment.Probationary periodProvisions of the new labour law:Period of probation: Six months for the worker employed in clerical activities Three months for other workers. If the employment of a probationer expires during the probation and if the same person is re-employed under the same employer within next three years of such employment shall be treated as a probationer and the previous period of probation shall be calculated with in new period. If a permanent worker starts a new job as a probationer, then during that period of probation he can be shifted to her/his permanent post during the subsequent period of probation.Changes in the present law:There is no change in the classification of labour. But in the calculation of the period ofprobation, the earlier laws included all the leaves and strikes and lockouts during that period which the new law has ignored and refrained from specific provisions in this regard.Calculation of continuous serviceProvisions of the new labour law:Section 14 of the new labour law provides for the method of the calculation of the continuous service period of a labour for the purpose of this law in the following manner: If the actual number of the working days of a worker is 240 during the previous twelve calendar months he or she shall be deemed to be worked for a continuous period of one year. If the actual number of the working days in the previous twelve calendar months is 120 days s/he shall be deemed to be employed there for a continuous period of six months.For counting continuous service, the following issues will come under consideration: Days the worker was laid off; Days of leave with or without wages due to accident or illness; Non-working days due to legal strike or illegal lock out; Days on maternity leave for a female worker.Changes in the present law:No significant change has been noticed in this purpose except for the inclusion of the number of days not-working due to legal strike or illegal lockout. And for calculation of six months of continuous employment the number of actual working days is 120, which was previously 140.Payment of wages for un-availed leave*Provisions of the new labour law:In case of the expiry of the specific employment of any worker by way of discharge, dismissal, termination, retrenchment or retirement, if there remains any un-availed leave of the aforesaid worker, he or she shall be entitled to get the wages of those days so un-availed.Changes in the present law:Actually this was also in previous law under section 5 (4) of SO Act 1965 .* Section 11 of Labour Law, 2006Provident Funds for workers:Provisions of the new labour lawSection 264 of the Labor Law 2006, provided for an establishment of a Provident Fund if so demanded by the three fourths of the total workers employed in a factory.