[法] An Act adopted to amend further the Bangladesh Labour Act, 2006

Translated from Bangla

Registered No. DA- 1

[Government Logo]

Bangladesh Gazette

Additional Issue

Published by the Authority

Monday, July 22, 2013

Bangladesh Parliament

Dhaka, 22 July, 2013/07 Shrabon, 1420

The following Act adopted by the Parliament has been assented by the President on 22 July,

2013 (07 Shrabon, 1420) and it is hereby published for the information of the public:-

Act No. 30 of 2013

An Act adopted to amend further the Bangladesh Labour Act, 2006 (Act No. 42 of 2006)

Since it is obliged and important to bring further amendments to the Bangladesh Labour

Act, 2006;

Therefore, the following Act is adopted thereby:-

1.   Short Title and Introduction. (i) This Law shall be called the Bangladesh Labour

(Amendment) Act, 2013.

(ii) It shall be applicable immediately.

2.   Amendment to Section 1 of the Act No. 42 of 2006. - The Sub-Section (4) of Section 1 of The Bangladesh Labour Act, 2006 (Act No. 42 of 2006), referred as that law hereafter- (a) In Clause (G), the words “run not for profit or interest” shall be inserted before

“education.”

(b) In Clause (h), words “hospital, clinic and diagnostic center” shall be inserted after

“mess.”

(c) In Clause (i), word “ten” shall be replaced by “five.”

3.   Amendment to Section 2 of the Act No. 42 of 2006. In Section 2 of that law- (a) The following Clause (8a) shall be inserted after Clause (8), for example:-

“(8a) an agricultural worker means such a person who is engaged in agricultural work for wage on a daily, monthly or yearly contract or contract to complete a certain work.”

(b) A new Clause, (9a) shall be inserted after Clause (9), for example:-

“(9a) “Food Allowance” means half of the basic salary, dearness allowance and ad hoc or interim salary, if any.”

(c) Replacing the existing Clause (10), following Clause (10) shall be inserted, e.g.,

“(10) ‘gratuity’ means wages payable on termination to a worker on the basis of his latest basic salary for a completed year of service or for service for a period of more than six months, salary of minimum 30 days, or salary of 45 days for a continuous service for more than ten years, it shall be in addition to any payment of compensation or payment of any wage or allowance in lieu of notice due to termination of services of a worker on different grounds;”

(d) Mentioned in Clause (31), after the two words, “commercial establishments,” the word and sign “transport,” shall be inserted;

(e) After the Clause (35), a new Clause (35a) shall be inserted, e.g.:-

“(35a)  Trained  in  Primary  Health  Care”  means  any  person  who  has  training  in primary health care for a duration of minimum of six months;

(f)  “10  persons”  mentioned  in  Clause  (40),  shall  be  replaced  by  the  words,  “five persons;”

(g) After the Clause (42), a new Clause (42a) shall be inserted, e.g.:-

(42a) “Expert”1 means any person who is not an owner or worker of the establishment concerned,  however,  an  owner  or  trade  union  leader  of  the  sector  or  who  has specialized knowledge and experience on labour, industry, work place safety issues;”

(h) In Clause (43), the words “breach of rules,” shall be replaced by the words “in violation of rules;”

(i)  In Clause (44), the words “breach of rules,” shall be replaced by the words “in violation of rules;”

(j)  In Clause (47), a coma shall be inserted after “and” and afterwards, “and Assistant

Inspector” shall be inserted after the word “Inspector”;

(k) In Clause (48), a coma shall be inserted after “and” and afterwards, “and Assistant

Labour Director” shall be inserted after the word “Labour Officer”;

(l)  In Clause (52), after the word “representative,” the word (CBA) with bracket shall be

inserted;

1The respective Bangla word could be translated as “Specialist” as well.

(m)In Clause (57), the words “refuse to allow to work” shall replace the word “refusal  to continue to employ;”

(n) In Clause (61), after (i) comma shall replace semi-colon and thereafter following Sub- Clauses shall be inserted, e.g.:-

“(j) Ship building, (k) Ship recycling; (l) Wielding,

(m) Out-sourcing company or contractor or sub-contractor engaged in supplying security workers,

(n) Port- port shall include Sea, River or land port,

(o) Mobile operator company, mobile network service provider, land phone operator

Company,

(p) Private radio and TV channels, cable operator,

(q) Real estate company, courier service insurance company, (r) Fertilizer and cement manufacturing companies,

(s) Clinic or hospital run for a profit, (t) Rice mill or Chatal,

(u) Sawmill,

(v) Fishing trawler,

(w) Fish processing industries, (x) Ocean-bound  shi ps;”  2

(o) Mentioned in Clause (65), instead of the word “contractor” the group of words “contractor or whatever names it may be called” and comma and in the fourth line after the word, “administrative,” “Monitoring Officer”3 shall be inserted.

4.   Amendment to Section 3 of the Act No. 42 of 2006.- Following of the Section 3 of the said Act-

(a) At the end of the Sub-Section (1), the full-stop shall be replaced by a semi-colon and thereafter following conditions shall be inserted, e.g.,

“Further provided that the establishments where this Act is not applicable shall not make any Policy, Rule, House-Policy giving less favourable facilities compare to this Act.”

(b) In Sub-Section (2), the words ”six months” shall be replaced by ”ninety days;”

(c) In Sub-Section (4), after the word ”and,” ”the Government shall resolve that appeal within 45 (forty five) days from its receipt” shall be inserted.

5.   Insertion of Section 3a into the Act No. 42 of 2006.- After Section 3 of the said Act a new Section 3a shall be inserted as follows, e.g.-

2 Translator’s Note: There is a mistake in the Bangla word; the literal translation of the word in the sub-clause is

“ship carrying the ocean,” which should be “Ocean-bound ship.”

3 It also can be translated as “Supervising Officer.”

“3(a). Registration of Contracting Agencies.- (1) Notwithstanding whatever exists in

any  other  law,  no  contracting  agency,  whatever  name  it  may  be  called,  without registration with the government shall supply workers on contracts to any company, factory or industrial establishment or commercial establishment of any other public- private organization.

(2) All contracting agencies existed in the country shall be bound to have registration with the Government as per rule within six months from the date of the effect of this Act. (3) Workers supplied by a contracting agency/contractor shall be considered as workers of the contractor concerned and be regulated under the Labour Act.

(4) The registration procedure under this Section shall be governed by the Rule.

Explanation:  For  the  purpose  of  this  Act,  an  employee  means  “worker,”  including security worker, driver etc.”

6.   Amendment to Section 4 of the Act No. 42 of 2006.- In Section 4 of the said Act-

(a) In Sub-Section (1), Clause (e) and (f) shall be replaced by the following Clauses (e), (f) and (g), e.g.-

(e) Apprentice;

(f) Permanent; and

(g) Seasonal worker;”

(b) Sub-Section (4) shall be replaced as follows, e.g.-

“(4) A worker shall be called a casual worker if he is appointed in an establishment

temporarily for a work casual in nature.”

(c) At the end of the Sub-Section (8), the full-stop shall be replaced by semi-colon and thereafter the following conditions shall be inserted, e.g.:-

“Further  provided  that  after  completion  of  the  three  months  or  extended  period  of probation, the concerned workers shall be treated as permanent under sub- section (7) even if he is not issued any letter of confirmation;”

(d)  Replacing  the  Sub-Section  (10),  following  Sub-Sections  (11)  and  (12)  shall  be inserted, e.g.-

(11) A worker shall be called a seasonal worker if he is employed in an establishment for a seasonal work and remins in the work for the season.

(12)  In  appointing  workers  for  industries  like  suger  mills,  chatal  etc  and  seasonal factories, worker employed previous years shall be given preference.”

7.   Amendment to Section 9 of the Act No. 42 of 2006.- In Sub-Section (2) of Section 9 of the said Act-

(a) After Clause (a), following new Clause (aa) shall be inserted, e.g.-

“(aa) Parents names of the worker;”;

(b) After Clause (c), following new Clause (cc), (ccc) and (cccc) shall be inserted, e.g.:-

“(cc) Designation;

(ccc) Department or section;

(cccc) Ticket or card;”;

8.   Amendment to Section 10 of the Act No. 42 of 2006.- In place of words “sufficiently in advance before the expiry” in Sub-Section (5) of Section 10 of the said Act, “apply in writing through registered post before reasonable time” shall be inserted.

9.   Amendment to Section 17 of the Act No. 42 of 2006.- At the end of Section 17 of the said Act, replacing the full-stop, a colon shall be inserted and thereafter the following conditions are to be inserted, e.g.:-

“Provided that no master roll for workers shall be maintained in other way or any worker shall not be employed on a master roll basis.”

10. Replacement of Section 19 of the Act No. 42 of 2006.- Section 19 of the said Act shall be replaced by the following Section 19, e.g.,:-

“19. Compensation due to Death.- If a worker dies while in service after a continuous service of not less than two years, his nominee or in the absence of any nominee, his dependent shall be paid a by the employer a compensation at the rate of thirty days’ wages for a normal death and of forty five days for an accidental death while working in the establishment or on duty for every completed year of service or for any part thereof in excess of six months, or gratuity whichever is higher, and the amount will be in addition to any other benefit to which the deceased worker would have been entitled to had he retired from the service.

11. Amendment to Section 23 of the Act No. 42 of 2006.- In Section 23 of the said Act- (a) Sub-Section (3) shall be replaced by the following Sub-Section (3), e.g.:-

“(3) A worker who is dismissed under sub-section (2)(a) shall, if his continuous service is not less than one year, be paid by the employer compensation at the rate of 15 days wages for every completed year of service:

Provided that if a worker is dismissed for a misconduct under sub-section (4)(b) and (g), no compensation is applicable. However, in such a case, the worker concerned shall be entitled to receive other dues for which he is legally entitled;”.

(b) In Sub-Section (4)-

(i) Mentioned in Clause (b), after the word “theft,” and comma, “grabbing” and a comma shall be inserted;

(ii) Clause (g) shall be replaced by a new Clause (g) as follows, e.g.:-

“(g) Disorderly behavior in the establishment, fighting, setting fire or vandalism;”.

12. Amendment to Section 24 of the Act No. 42 of 2006.- In Section 24 of the said Act-

(a)  Replacing  Clause  (d)  under  Sub-Section  (1),  the  following  Clause  (d)  shall  be inserted, e.g.:-

“(d) is found guilty, after inquiry by an inquiry committee comprised of the equal number of representatives from the owner and workers’ sides;

Provided that the inquiry has to be completed within 60 days;”;

(b)  Replacing  the  conditions  in  Sub-Section  (2),  the  following  conditions  shall  be inserted, e.g.:-

“Provided that during the period of such suspension, a worker shall be paid by his employer a subsistence allowance and shall be entitled to receive other allowances in full as applicable.”;

(c) Mentioned in Sub-Section (4), the word “assisted” shall be replaced by the word

“guided.”4

(d)  Mentioned  in  Sub-Section  (10),  after  the  word  “importance,”  a  group  of  words

“achievement and contribution in service including a comma” shall be inserted.

13. Amendment to Section 27 of the Act No. 42 of 2006.- A new Sub-Section (3a) shall be inserted following the Sub-Section (3), e.g.:-

“(3a) Whatever the provision of sub-section (3), a worker remained absent without notice or without permission for more than 10 days, the employer shall serve a notice to the worker for an explanation to be submitted within 10 days and to re-join the job and in such a case if the worker failed to submit a reply within the stipulated time or he did not join the work, the worker concerned shall be granted seven more days for self-defense. Despite of that if the worker concerned did not join the work or did not defend his position then it shall be considered that that worker has resigned from his job from the day of the absence.”

14. Insertion of Section 28(a) to the Act No. 42 of 2006. – After Section 28 of the said Act, the following new Sub-Section , 28(a) shall be inserted:

“28(a). Employers-Workers relations due to any disaster beyond control or damage thereby.- Notwithstanding whatever in this Chapter, if any industry ceased to be transferred or production of an industrial establishment comes to a halt permanently due to any sudden natural disaster or any disaster or emergency reason beyond control, in that case, the owners- workers relations may be determined by the Government under the prescribed procedures set

out by the Rule.”

4 Translator’s Note: Actually the change of the related Bangla word does not bring any change here indeed; it is a change of synonyms indeed.

15. Amendment to Section 32 of the Act No. 42 of 2006.- At the end of Sub-Section (2) of Section  32,  the  full-stop  shall  be  replaced  by  a  colon  and  thereafter  the  following condition be inserted, e.g.:-

“Provided that no worker shall be evicted from the residence till all dues are paid.”

16. Amendment to Section 33 of the Act No. 42 of 2006.- In Section 33 of the said Act- (a) In Sub-Section (1), the word “submit” shall be replaced by the word “forward;”

(b) In Sub-Section (2), the word “fifteen” shall be replaced by the word “thirty.”

17. Replacement of Section 36 of the Act No. 42 of 2006. Section 36 of the said Act shall be replaced by a new Section 36, e.g.:-

“36. Disputes as to age: (1) If any question arises as to whether any person is a child or an adolescent, the question shall be resolved based on the Birth Registration Certificate, School Certificate or a certificate from a registered physician certifying the age of the person concerned.”.

18. Replacement of Section 39 of the Act No. 42 of 2006. Replacing Section 39 of the said

Act, the following Section 39 shall be inserted, e.g.:-

“39. List of dangerous works and restriction of employment of adolescents in certain works:- (1) The Government from time to time through gazette notification shall declare list of hazardous works.

(2) No adolescent shall be appointed in job which is declared dangerous by the

Government.

(3) No adolescent shall be allowed in any establishment to clean, lubricate of adjust any part of machinery while that part is in motion or to work between moving parts or between fixed and moving.”.

19. Amendment to Section 40 of the Act No. 42 of 2006.- In Section 40 of the said Act- (a) In the title line, following the word “work,” “or hazardous works” shall be inserted; (b) Sub-Section (3) shall be revoked.

20. Amendment to Section 44 of the Act No. 42 of 2006.- In Section 44 of the said Act-

(a) In the title line, after the word “worker,” “physically challenged workers” shall be

inserted;

(b) In Sub-Section (2), after the word “worker” “and physically challenged worker” shall

be inserted;

(c) After the Sub-Section (2), the following Sub-Section (3) shall be inserted, e.g.:- “(3) No physically challenged worker shall be employed in a job involving dangerous equipment or risky works.”

21. Amendment to Section 59 of the Act No. 42 of 2006.- In Section 59 of the said Act-

(a)  In  the  title  line,  words  “toilets  and  urinals”  shall  be  replaced  by  “latrines  and washrooms”;

(b) In Clause (a), words “toilets and urinals” shall be replaced by “hygienic latrines and washrooms”;

(c)  In  Clause  (b),  words  “toilets  and  urinals”  shall  be  replaced  by  “latrines  and washrooms”;

(d)  In  Clause  (c),  words  “toilets  and  urinals”  shall  be  replaced  by  “latrines  and washrooms”;

(e)  In  Clause  (d),  words  “toilets  and  urinals”  shall  be  replaced  by  “latrines  and washrooms”;

22. Amendment to Section 61 of the Act No. 42 of 2006.- In Sub-Section (1) of Section 61 of the said Act, after the word “plant” words “or internal electric supply system” shall be inserted.

23. Amendment to Section 62 of the Act No. 42 of 2006.- In Section 62 of the said Act-

(a) In Sub-Section (1), after the word “and” it shall be inserted by “adequate in number in each floor”;

(b) In Sub-Section (2), after the word “no” a group of words “or there is no adequate number of firefighting equipment as per the license of the Department of Fire Safety” shall be inserted;

(c) After Sub-Section (3), following Sub-Sections (3a), (3b) and (3c) shall be inserted, e.g.:

“(3a) In every establishment the doors affording exit from any room shall not be locked or fastened so that they can be easily and immediately opened from inside while any person is within the room.

(3b) All doors have to be made in such a way so that it can be immediately opened from inside and also be opened from outside.

(3c) All doors shall be constructed to open outwards or where the door is between two rooms, in the direction of the nearest exit from the building and no such door shall be locked or obstructed while work is being carried on in the room.”

(d) In Sub-Section (8), the word “year” shall be replaced by the two words “six months.”

24. Amendment to Section 72 of the Act No. 42 of 2006.- In Section 72 of the said Act-

(a)  After  the  word  “be  provided  with”  in  Clause  (a),  words  “gangways  and  stairs remained open during work hours to facilitate easy movement” shall be inserted.

(b) In Clause (c), words “all floor” shall be revoked;

(c) In Clause (c), instead initial full-stop, a semi-colon shall be replaced and thereafter the following Clause (d) shall be inserted, e.g.:-

“(d)  for  overall  safety  of  workers  employed,  gangways,  stairs,  gate,  go-down  and

common utility areas shall be under closed circuit cameras.”.

25. Insertion of Section 78a into the Act No. 42 of 2006. After Section 78 of the said Act a new Section 78a shall be inserted as follows, e.g.:-

“78(a). Mandatory use of personal safety equipment. (1) In an applicable case, an employer shall not engage any workers in work without providing and ensuring use of personal  safety  equipment,  and  in  doing  so,  a  record  book  shall  be  maintained  as designated by the owner.

(2) In spite of supply of personal safety equipment if those are not used by workers concerned, they are to be held liable thereof.

(3) For ensuring professional health and safety for workers at workplace, each of workers

shall have to be aware on the risk of the work through trainings.”.

26. Amendment to Section 80 of the Act No. 42 of 2006.-  In Sub-Section (1) of Section 80, the  full-stop  at  the  end  shall  be  replaced  by  a  colon  and  thereafter  the  following conditions to be inserted, e.g.:-

“Provided that following the occurrence of the above-mentioned incident, with an aim to minimize  potential  damages  or  to  control  the  situation  and  to  initiate  appropriate measures, it shall be immediately notified through telephone, mobile phone or SMS or fax to the Government, Fire Service, Directorate of Factories and Establishments, Police Station, if so required to the nearest hospitals or public private health service institutions.

27. Amendment to Section 82 of the Act No. 42 of 2006.- In Section 82 of the said Act- (a) After Sub-Section (2) and new Sub-Section (2a) shall be inserted as follows, e.g.:-

“(2a) The employer shall arrange medical treatment for a worker affected and suffered by

occupation diseases and identified by the Chief Inspector.

28. Amendment to Section 89 of the Act No. 42 of 2006.- Following Sub-Section (5) of

Section 89 of the said Act new Sub-Sections (6), (7) and (8) shall be inserted, e.g.:-

“(6) Where in any establishment or part of it, 5,000 or more workers are employed, the employers of those establishments shall arrange for running a Health Center in the manner prescribed by law.

(7) The employer shall have to continue treatment, on his own cost and responsibility, of the workers’ disease, injury or sickness suffering from occupational disease or injury in an occupational accident by an appropriate or specialized physician until the worker becomes completely cured.

(8) Where in any establishment, 500 or more workers are employed, the employers of those establishments shall arrange for a Welfare Officer against the specified number of workers in the manner prescribed by rule.”

29. Amendment to Section 90 of the Act No. 42 of 2006.-  Replacing words “prescribed” and  “Preservation  of  Safety  Board”  in  the  Section  90  of  the  said  Act,  respectively “prescribed by the Rule” and “Preservation and display of the Safety Information Board” shall be inserted.

30. Insertion of Section 90a of the Act No. 42 of 2006.- Following Section 90 of the said

Act, a new Section 90a shall be inserted as follows, e.g.:-

“90a. Formation of the Safety Committee. Where in any factory, 50 or more workers

are employed, there shall be a Safety Committee formed and functioned in the manner prescribed by the Rule.”

31. Insertion of Section 94a of the Act No. 42 of 2006.- Following Section 94 of the said

Act, a new Section 94a shall be inserted as follows, e.g.:-

“94a. Residential Facility for Physically Challenged Workers.-  If there are residential facilities for workers in factories, during allocation of those, the physically challenged workers shall get preferences.”

32. Replacement of Section 99 of the Act No. 42 of 2006.- Replacing Section 99, the following Section 99 shall be replaced, e.g.:-

“99. Compulsory Group Insurance.- (1) The Employer shall introduce group insurance in under the existing Insurance Act, in the establishments wherein 100 permanent workers are employed.

(2) The amount claimed as insurance shall be in addition to other dues payable to a worker under this Act.

Provided that in case of death of a worker the responsibility will be of the employer to recover  the  insured  money  and  the  employer  shall  pay  the  amount,  received  from  the insurance claim, directly to the dependents.

Further  provided  that  notwithstanding  whatever  difference  in  any  other  law,  if  an insurance claim is raised under this Section, this has to be resolved by the joint initiative of the insurance company and employer within hundred twenty days.”

33. Amendment to Section 101 of the Act No. 42 of 2006.- Replacing full-stop at the end of Clause (c) of Section 101 there shall be a semi-colon and thereafter the following Clause (d) shall be inserted, e.g.:-

“(d) Whatsoever in this Act, the Government through rules shall determine the hours of work and rest for risky and labour-intensified factories including construction, re-rolling, still mills, ship breaking, wielding.”

34. Amendment to Section 103 of the Act No. 42 of 2006.- The full-stop at the end of Clause (b) of Section 103 shall be replaced by a semi-colon and thereafter the following Clause (c) shall be inserted, e.g.:-

“(c) No deduction can be made from the wage of a worker for taking any leave under the

above clause (a) and (b).”

35. Amendment to Section 108 of the Act No. 42 of 2006. – In the first line of Sub-Section

(2) under Section 108, after the word, “contract-rate,” words “(piece rate)” and brackets

at the end of the Section, the group of words- “Provided in such case the provisions of

Sub-Section (1) shall not be applicable” shall be inserted.

36. Amendment to Section 114 of the Act No. 42 of 2006.- In Section 114 of the said Act- (a) In Clause (e) of Sub-Section (5) the word “liquid” shall be replaced by “lighter;”

(b) After Sub-Section (5), the following new Sub-Section (6) shall be inserted, e.g.:-

“(6) Sub-Section (1) shall be applicable in case of shops and commercial establishments under sub-section (5) premised in a market or shopping mall.”

37. Amendment to Section 123 of the Act No. 42 of 2006.- In Sub-Section (2) under Section 123 of the said Act, the words “terminated or” shall be replaced by “call an end to the job by the worker or” and instead of the word “seven” there shall be “thirty;”

38. Amendment to Section 124 of the Act No. 42 of 2006.- The existing provision in Section 124 of the said Act shall be introduced as Sub-Section (1) and thereafter the following Sub-Section (2) shall be inserted, e.g.:-

“(2) In addition to Sub-section (1), in applicable cases given the requirement of the workers, any payment shall be made through an electronic transfer in favour of the bank account of the worker or make a direct payment through any other digital medium.”

39. Insertion of Section 124a into the Act No. 42 of 2006. Following Section 124 of the said Act, the following new Section 124a shall be inserted, e.g.:-

“124a. Payment of dues including wages through conciliations. - (i) Application for conciliations regarding payment of dues including wages can be submitted to the Chief Inspector or any other Official authorized in that regard by the Chief Inspector at any stage of the service including while in  employment or on retirement or on dissolution of service or on suspension.

(ii) Upon receipt of the application, the Chief Inspector or the Official authorized in this regard shall initiate discussions or conciliation with the employer or the management concerned with an aim to resolve the claim within in twenty days.

(iii) For any claim raised for conciliation under this Section, the Chief Inspector or the authorized Official in this regard shall perform as a Mediator while initiating in this regard or conducting discussions or mediations.

(iv) Any decision reached out of this conciliation shall be binding on the parties.

(v)  The  Mediator  shall  communicate  the  decision  reached  through  discussion  or mediation in writings to both the parties.

(vi) Any of the worker or employer or both the parties, if are not agreed to follow the decision of the Mediator after completion of the dispute resolution, the concerned party or the both shall file a case in the Labour Court seeking a solution on the matter and the Labour Court, in the trial of such case, shall take into consideration the decision of the Mediator.”.

40. Amendment to Section 125 of the Act No. 42 of 2006.- In Sub-Section (2) under Section 125 of the said Act, the two words “wages of workers” shall be replaced by “basic wages of workers.”