PDF | Garments sector is one of the most important vital sources of industrial employment in Bangladesh. One of the remarkable features of this sector is the. (1) The regulation of rights and duties in labour relations may depart (derogate) from this Labour. Code provided that such derogation is not expressly prohibited . THE BANGLADESH LABOUR ACT, ACT NO. XLII OF [11 October, ]. An Act to amend and consolidate the laws relating to employment of.
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An Act to consolidate and amend the laws relating to employment of labour, and application: (1) This Act may be called the Bangladesh labour. Act, BACKGROUND OF THE LABOUR ACT, Laws other than labour law applicable in Bangladesh. The Control of Employment Ordinance, Bangladesh > Labour codes, general labour and employment acts Ministry of Law, Justice and Parliamentary Affairs, Bangladesh PDF of Act in Bengali PDF.
The cost of maintenance shall be borne by the employer. Every factory shall provide sufficient number of dustbins and spittoons at convenient places in clean and hygienic conditions 2. Serving 14 days notice to the other employees. The duties of the officer shall be ensuring the preservation and maintenance of all fire-fighting equipments and keeping them fit and arranging trainings for the three teams mentioned in Sub-section 10 after every six-month period. Breaking or crushing bricks, hard-rocks with machineries;
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Abu bakar Siddik , No Downloads. Views Total views. Actions Shares. Embeds 0 No embeds. No notes for slide. Bangladesh labor act english 1. XLII OF [11 October, ] An Act to amend and consolidate the laws relating to employment of workers, relations between workers and employers, determination of minimum rates of wages, payment of wages, compensation for injuries to workers during working hours, formation of trade unions, raising and settlement of industrial disputes, health, safety, welfare and working conditions and environment of workers and apprenticeship and matters ancillary thereto.
WHEREAS it is expedient and necessary to amend and consolidate the laws relating to employment of workers, relations between workers and employers, determination of minimum rates of wages, payment of wages, compensation for injuries to workers during working hours, formation of trade unions, raising and settlement of industrial disputes, health, safety, welfare and working conditions and environment of workers and apprenticeship and matters ancillary thereto; It is hereby enacted as follows: Short title, commencement and application.
XXX of XXX of Conditions of service. Provided that any establishment may have its own service rules regulating employment of workers, but no such rules shall be less favourable to any worker than the provisions of this Chapter1[: Registration of contracting agency. Classification of workers and probation period. XXXof Provided that in the case of a skilled worker, the period of probation may be extended for a further period of three months if, for any reason, the quality of his work within first 3 three months of his probation is not possible to ascertain1[: Appointment letter and identity card.
Service book. Form of service book. Entries in the service book. Register of workers and supply of tickets and cards. Procedure for leave. Provided that if due to any urgent reasons the leave applied for is to commence on the date of application or within 3 three days thereof, such order shall be given on the day of receipt of the application.
Payment of wages for unavailed leave. Stoppage of work. Closure of establishment. Restrictions on application of sections 12, 16, 17 and Right of laid-off workers for compensation. Muster-roll for laid-off workers. Laid-off workers not entitled to compensation in certain cases.
Compensation for death. Re-employment of retrenched workers. Discharge from service. Punishment for misconduct and conviction. Provided that no worker shall be entitled to any compensation if he is dismissed for misconduct under sub-section 4 b and g ; but in such case, the worker concerned shall get other lawful dues as usual.
Procedure of punishment. Ii A copy of the voter list will be displayed in both public notice board and the open places of the organization, and a copy of the voter list to be sent to the labor director or registrar of Trade Unions. Nomination- 1 any voter can propose or support the name one voter for electing the representative in the participating committee.
Selection- 1 the candidate himself or his proposer or any other person authorized by him can be present during nomination selection. Bangladesh Gazette, Extra, September 15, 3 The Committee may cancel any nomination if satisfied with: A The candidate is unfit to be representative of the workers according to the law or the rules; or B Disobey any of the rules of the concerned regulation in the case of submission of nomination papers.
Voting in election- 1 if the number of the candidates, whose nomination papers are accepted as valid, is equal to the number of representatives to be elected, in that case all candidates will be declared elected by the election committee through notification. Officers of participating committee- 1 the owner or his authorized person will be Chairman of the participating Committee, and will preside over the meetings of participating Committee.
Notice and minute of the meeting- 1 notice of a meeting participating committee to be issued by giving seven days, but 24 hours notice will be issued in the event of an emergency meeting. Bangladesh Gazette, Extra, September 15, 2 all copies of reports and minutes of meetings of participating committee to be sent to the organization's chief executive officer, duty officer, collective bargaining agent, each union having representatives in the committee and Director of Labor for the implementation of the decisions.
Quorum of the meeting- two-thirds of the members present at the meeting will make a quorum of the meeting. Duration of activity- 1 duration of activity will be for a period of 2 two years from the date of formation of the participating committee. Vacancy- 1 if any member be absent in three consecutive meetings without the prior permission of the Chairman, his membership in the Committee will be cancelled.
Facilities of the meetings- the owner will provide all necessary facilities for the management and the work of committee meeting. Formation of units participating committee- 1 if participating committee is formed in any organization, that committee can recommend to the owner to separate committees in any branch, department or region of the organization which consist of at least fifty workers. Bangladesh Gazette, Extra, September 15, 3 Provisions applicable for formation of committee and management of the participating committee of the organization will be applicable for formation of committee and management of the participating committee of the unit.
Implementation of decisions or recommendations of the participating committee- 1 after receiving the recommendation or decision of each meeting of the committee the owner or the authority take the initiative for implementation and execution of that decisions or recommendations urgently, and the owner or the authority will inform the progress of implementation of the decisions or recommendations of the previous meeting in the next meeting of the participating committee.
Avoiding some actions- any trade union, trade union federation or confederation, the collective bargaining agent, participating committee or any member thereof will avoid the following actions: Disposal execution- disposal paper will be signed in accordance with Form - 65 to fill up the purposes of section 3 and of 8. Arrangement of secret vote for a strike notice- 1 collective Will request the arbitrator in written for arranging secret vote for the purpose of providing notice of strike within 7 seven day of receiving the certificate of the failure according to Article 1.
Filing case in labor court or appeal tribunal- 1 in accordance with article 33 3 any complaint will be filed as per form Bangladesh Gazette, Extra, September 15, 5 In case of other offenses inspector general or labor director or controller of provident fund or board of directors or any authority or his authorized officer will legally apply in white paper.
Nomination of member labor court- 1 in accordance with article 7 in purposes of appointment of a member for the labor court government, owners and workers will call the representatives from the owners and workers of organizations at the national level who are fit and experienced in labor laws. Resignation by a member- 1 any member of the Labour Court can resign from the post by written resignation letter to the Chairman.
Elimination of a member- Government can eliminate a member of the labor court by notification in the official gazette, if he- A loses the character of representation; B is sentenced for any offense punishable under the law or moral offenses; C fails to provide a written opinion in any case after being requested by the Chairman of the Labor Court; D is adjudged bankrupt; or E was absent in three consecutive meeting of that Labor Court where he is a member, without informing the chairman.
Filling up the vacant post of the member- 1 in case of vacancy due to death or resignation, the Government will fill up the vacant post within 1 one month by that process, which process was used to form the main panel.
Informing for absence- any member of the labor court may be absent for 6 six months in the proceedings of court by informing the chairman. Allowance- any member of the labor court will be paid daily allowance determined by the Government to participate in court proceedings.
Chapter Fifteen Workers taking part in the company's profits Formation of central fund integrating the buyer and owner in hundred percent export oriented industrial sector.
Fund management and office. But provided that, until the Board appoints a Secretary, any Government official may act as temporary secretary. Bangladesh Gazette, Extra, September 15, 4 There will be required personnel under secretary for management of the fund, who will maintain accounts of income and expenditure of the fund.
Sources of the fund. Eligibility for getting benefits from the fund and use of money. Bangladesh Gazette, Extra, September 15, 3 2 two accounts will be opened under the Central Fund of which one is beneficiaries welfare account and the other is emergency accounts. Bangladesh Gazette, Extra, September 15, 8 Grants will be given from the emergency account in case of the followings, namely: A As per section 28 a the transfer or permanently close any factory or establishment, the whole or partial payment of owed money to the beneficiaries by the Board in accordance with Rule 3: Provided that, the Board will pay the payment by verifying the owner's inability; B Payment of annual premiums of group insurance for the beneficiaries: Provided that, under Rule 98, compulsory insurance is in which institutions, that cannot be suspended until the fund established under this rule is not fully active; and C Introduction of health insurance scheme for the beneficiaries to ensure the health measures.
Investment of the fund money. Procedure of collecting the fund money.
Formation of the board of directors. Term of the member and resignation. Disqualification of the member. Elimination of a member. Salaries, costs grant and employee recruitment power of the secretary. Provided that, approval of the board concerning the granting of such expenditure will be needed at the next meeting of the Board.
Meeting of the Board of Directors. Bangladesh Gazette, Extra, September 15, 3 The Chairman will preside at each meeting and if in a meeting of the Board the chairman is absent, Secretary, Labor and Employment Ministry, the Vice-Chairman of the Board, will preside over the meeting and will sign the meeting's resolution.
Accounts and Audit. Annual reports of two funds. Bangladesh Gazette, Extra, September 15, 2 The nominee from the company's accounts department will perform the functions as secretary of the fund. Accounts maintain of two funds. Activity of the Board. Provided that, if Board enacted anything contrary to any law or the rules of procedure will be deemed void. Duration of Board. Limitations of the capacity of trustees. Eligibility for benefits from two funds. Distribution of Funds.
Annual report of two funds. Bangladesh Gazette, Extra, September 15, 2 After receiving statements by the Board, the owner has to submit a copy to the Factories and Establishments Inspection Department. Chapter Sixteen Provident Fund Formation of provident fund and the rules. Provided that, no provision of its own rules cannot be subversive of the provisions of the seventeenth chapter of Act and these Rules.
Bangladesh Gazette, Extra, September 15, 6 For the purposes of this chapter, the worker means all employed in the company regardless of rank, except the owner or partner, or members of the Board of Directors.
Eligibility to be a member of provident fund. Provided that, the illegal lock-out, legitimate strike, lay-off days and weekly vacation, sick leave, casual leave, maternity leave of more than sixteen weeks and any kind of authorized leave or absence of workers due to the holiday or vacation will not shorten the continuation of the employment in the organization.
Distribution of account numbers. Nomination of members of the Board of Trustees. Provided that, officials of the accounts department will be given priority for such nomination. Provided that, where there is no collective bargaining agent, workers' representatives will be nominated by the existing trade unions: Provided further that, where there is no trade union organization in that case, workers' representatives will be nominated by the workers' representatives of the participating Committee: Provided further that, where there is no collective bargaining agent or a trade union organization or participating committee, in that case, workers' representatives will be nominated from the workers of that organization under supervision of welfare officer.
Term and resignation of the member. Secretary of the Board. Meeting Board of Trustee Board. Quorum of Board- 1 At least one of the trustees representing the owners and workers and more than half of the trustees will be in attendance to make the quorum at a meeting of the Board of trustees. Bangladesh Gazette, Extra, September 15, 2 Notwithstanding anything contained in Sub-rule 4 , If the quorum of any meeting does not form in one hour, the meeting will be adjourned and the adjourned meeting will be held in the next ten days and if the quorum is not formed in adjourned meeting, then for the third meeting in the presence of any number will be treated as the quorum.
Minutes of the meeting. Employment of workers. Return due to the termination of employment.
Maintaining the accounts of provident fund. Bangladesh Gazette, Extra, September 15, 2 the bank account will be jointly governed by the Chairman of the Board of Trustees, representatives of the owners and workers parties and money can be withdrawn by the joint signature of the Chairman and another member approved by the Board. The annual report on the actions of the fund. Revenue Account. Investment of money of the fund. Operating costs. Type of the account. Account audit. Dividends or profit.
Nomination of nominee. Bangladesh Gazette, Extra, September 15, 3 If a member wishes to divide money in his name proportionately to the nominated people, then he may state it his nomination paper.
Conditions for payment of the fund money. Provided that, anyway the tenure is, due to the death or closure of the organization the member will receive the both part deposited in the fund. Payment of the money of the dead member. B If the nomination does not exist or if any of nomination is not applicable on any part of the deposited fund, in that case complete deposit or on which part is not applicable that part will be payable to his family members according to the law of deceased's family.
Payment of the money of Provident Fund. IV of and where there no guardian or manage is not appointed, in that case money to paid to the legally entitled person for the minor or insane.
Receiving Advance form the fund. Bangladesh Gazette, Extra, September 15, 3 Money received as advance to be paid in not more than 60 sixty equal monthly installments: Provided that, no installment of the advance will be more than one-third of the monthly wages of the worker. Operating the functions of the Board. Penalty for violation, etc. Necessity of the provident fund: Provident fund in tea-garden: The obligation to be a member of the provident fund.
Provided that, where the same worker is already a member of the fund, in that case the owner inform the controller by registered post with name, account number and other details of the previous owner within seven days of appointment and will collect the receipt.
Meeting of the Board of Trustees. Quorum of the meeting: Minutes of meeting: Fee and Allowances. Salaries, costs grant and employee recruitment power of the controller. Provided that, in case of deposit and payment of money by check of bank in small-town, in that case check to be paid by adding the check collection fee. Bangladesh Gazette, Extra, September 15, 4 Retainer allowance paid to any worker in any garden during the time excluding the monsoon, which will be treated as wages to fulfill the purpose of these rules.
The member will not pay the part of subscription payable by the owner: Accounts of provident fund. Investment of funds: Provided that, the property will not be the leased the total value of property will not be more than one-third or in case of building, it will not be more than half of the mortgaged money. Provided that, in the name of the members deposits money is payable, then from the first day of the current term that the money be taken from the day to day of the previous month to the day, or refund the money due to be paid until the end of the month for the next six months previously, that will be credited to the profit: Provided that, if the member is minor, he cannot make any nomination before his maturity.
Provided further that, if that minor dies before being mature, all money deposited in his name in the fund will be payable to his family members as per law. Payment in life insurance policies: Provided that, until submission of details of the proposed life insurance policy to the controller in the prescribed form and until it is accepted as appropriate, no permission can be given to withdraw this money and no permission can be given to withdraw more money than the originally payable money as premium or subscription.
Provided further that, if allowed to withdraw such money, the controller will pay that money to that insurance company directly and take the receipt of that payment. Bangladesh Gazette, Extra, September 15, 2 In case of new policy, after receiving the first premium the insurance company will deposit the insurance policy in favor of the appointment of the Board and the controller, taking the title and signature of the member, will keep the policy in safe custody. Saving the money raised from the bonus: Employment of re title of the policies: Conditions of payment in the fund: Provided that, any outgoing member may withdraw the deposited money after three months of the retirement.
Transfer of the member account: Payment of the money of the terminated employee: Bangladesh Gazette, Extra, September 15, 2 In accordance with rules money is being paid to the person who is minor or insane, in that case money to be paid to any guardian for a minor person as per Guardian and Wards Act, Act No.
IV of Power to issue guidelines: Provident fund in newspaper organization: Participation of the workers in the fund- 1 Every worker who completed 2 two years of service in the organization to be a member of the fund. Bangladesh Gazette, Extra, September 15, 2 Any question raised regarding become or continue the membership in the fund or about the date of being member the Trustee Board will decide regarding that.
Provided that, during the 2 two years mentioned in sub rule 1 - a The illegal lock-out, legitimate strike, lay-off days; b Weekly vacation, sick leave, casual leave, authorized leave or absence of workers due to the holiday or vacation; c Maternity leave of more than sixteen weeks and any kind of will not shorten the continuation of the employment in the organization.
Secretary of the board: Bangladesh Gazette, Extra, September 15, 3 If in a meeting of the Board the chairman is absent, the present trustees will make one trustee to be president of the meeting, and he will preside over the meeting and will sign the meeting's resolution.
Current Account: Bangladesh Gazette, Extra, September 15, 2 Account will be governed by joint signature of 3 three members. Revenue Account: Provided that, the property may not be purchased which is leased.
Bangladesh Gazette, Extra, September 15, 2 Auditor appointed under sub-section will send three copies of the duly signed and sealed audit report to the Board. Bangladesh Gazette, Extra, September 15, 6 The nomination given by the member can be changed at any time based on a written notice from the member. Eligible authority: Inspector general of Directorate of Inspection of Factories and Firms shall be treated as eligible authority for this chapter.
Formation of a tripartite advisory committee: Tenure of the committee: Meeting 1 2 meetings will be held after every 6 six months provided, however, that meetings may be held for as many times as the chairman may think fit.
Functions of the committee: Apprenticeship policy of the establishment: Providing technical advice and guidelines: Inclusion in the apprenticeship program: Bangladesh Gazette, Extra, September 15, 4 For proof of physical fitness of the person under apprenticeship at time of enlistment, the owner arrange at his own cost health examination by a registered physician of said person as per Form and shall keep record of the facts for certificates as per Form a.
Apprenticeship agreement: Tenure of apprenticeship 1 The agreement of apprenticeship shall have a mention of tenure of apprenticeship. Provided, however, that as per government announcement in pursuant to these rules, tenure of apprenticeship may vary from trade to trade.
Examination and Certification: Giving apprenticeship allowance: Working hours, leave and closure: Supply of training materials: Running and supervision of apprenticeship program: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 4 Firms with 20 twenty or less trainees shall have an apprenticeship trainer who shall be the shop foreman or supervisor and for its assistance, an officer of the firm shall have to be given charges in addition to his normal duties.
Relevant theoretical education: Shifts of trainees: Termination of apprenticeship training before end of term: Change of trade: Preservation of records and submission of performance report: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 4 Each of the owners shall keep a record of performance for each of the apprentices as per Form and shall preserve it for inspection by the due authority or its assigned officer. Resolution of disputes: Chapter Eighteen Administration, Inspection, etc Duties and responsibilities of the director of labor: Provided, however, that if any person feels aggrieved at said directives, then he may lodge an appeal to the labor court within 14 fifteen days of issuance of the order.
Powers and functions of the inspector: Chapter Nineteen Miscellaneous Serving notice to the Inspector General before start of work: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 2 The inspector general or the relevant deputy inspector general shall verify and sign and thereupon send back a copy to the owner. Provided, however, that the inspector general or any officer empowered by him shall not sanction any approval without any inspection on the spot.
Application for sanction of registration and license for factory, industrial establishment, commercial firm, commercial bank and insurance firm, shop and contracting firm: License registration fee and providing license: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 4 Unless the license is renewed within one year of expiry thereof on payment of late fee as per rule, the license shall be treated to be automatically cancelled and in that case the authority shall have right to lodge complaints or cases to close that firm.
Amendment of license: Loss of license: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 2 For application, Tk. Revocation of postponement of the license: Online program via internet: Fee payment: Appeal and its disposal lodged against several orders of the inspector: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 2 The appeal authority shall allow necessary hearing for the appeal and settle the same within 60 sixty days of receipt of the appeal petition.
Service of notice and submission of statements: Maintenance of records: Display of gist of law, rules and provisions and display of address of the inspector general: Court fees in general cases: Provided, further, that no court fee shall apply in case of petition filed by any officer with government privilege. Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, Dispute resolution: Annulment and custody: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, Schedule -1 [Vide section 52 and 55 and Rule 48] Method of control of ventilation and temperature in yarn and weaving factory 1 Artificial moisturizing: Provided, however, that where difference between wet bulb temperature in the relevant department and that kept out of the room is less than 2.
If the inspector general is satisfied to the effect that approved humidity level was as stated in sub-clause b of clause 2 was never exceeded, then he may exempt any department form the obligation of maintenance of hygrometer. Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 5 Recording temperature in hygrometer: No index of the hygrometer shall be recorded within fifteen minutes of change in water of reservoir.
Steam pipe used for thrusting water vapor for creation of artificial humidity in air of any room shall be of following description, namely: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, Schedule-2 [Vide Rule 51] Number, location and cleanliness of toilet and bathroom 1 Number of toilets: As per section 59, each establishment shall have provision for following number of toilets, namely: Regarding toilets and bathroom, the following provisions shall apply, namely: XV of shall apply in case of safety of workers of road, river and sea ports used for Bangladesh Inland river vessels, sea-bound ships and kindred vessels, passenger transport, goods transport, etc.
For purpose of receiving assistance regarding taking safety measures to adopt in control of apprehension of health hazards, the safety committee or workers representatives have to be consulted with as much as practicable. Responsibilities of all equipments used in work lied with the berth operator, stevedore or owners and responsibilities of masters of ships not being registered in Bangladesh shall be to comply with clauses Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 8 Lifting machinery examination: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 10 Other loose gear: Further provided that after ensuring safety of workers, if the inspector thinks it necessary then subject to permission of the government any gear of special size and design or of special category which needs to be used constantly may be exempted from precincts of provisions to be complied with under this schedule by a written certification and under terms and conditions stated therein; d All other chains, rings, slings, hooks, shackles and all pulley blocks excluding those linked with the mast or derrick unless tested within the previous three months must be tested by a competent person before use in work; e All rings, hooks, shackles and chains used in lifting and bringing down if enlarged or changed due to welded or if they are repaired shall be tested by a competent person before use again in the work in the manner stated in this schedule.
Register of periodical examination: For purpose of recording results of the following tests , a register shall have to be maintained as per Form a , namely: Certificate of competent person: Register and certificates annexed to register a shall be stored in the premises until approval of any other place by written order of the inspector; b shall be produced before the inspector for the asking; c shall be preserved for a 05 five years from date of last inclusion.
Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 15 Not to start use of machinery, etc until necessary inclusion in the register: Chains, ropes, gears which need to be recorded in the register as per Form a or regarding which certificates need to be prepared in the similar register or regarding which certificates should be prepared may not be used until preparation of similar certificates.
Until drawing of marks indicating safe carrying capacity no pulley blocks may be used for loading and unloading goods. In each crane and derrick, safe working loads shall be conspicuously marked and if the crane located at the edge is so made that during rise and fall, differences occur in its safe working load, then automatic indicator of safe amount shall be jointed with it.
Compliance with clause 21 and 22 shall lie with owner, master, officer in charge or agents of the ship. Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 21 Access between shore and ship: During the process, arrangement for sufficient light has to be made keeping consistency with the ship, goods and all workers a on deck and inside the ship where work is going on; and b at each of the place where during work workers may be required to have access to.
In the manner stated in rule 69, responsibility of reporting accident and hazardous incident to the authority lies with the owner, berth operator, stevedore, port authority, agent and concerned firms.
No owner, berth operator and stevedore shall not allow to use any machinery or gear in a way not consistent with matters stated in clause 8 to clause Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 25 License renewal: The port authority shall, before renewal of license of the berth operator, stevedore and agent, receive reports on their implementation of workers safety or compliance form the inspector and license shall be renewed taking it into consideration.
For purpose of fulfilling objective of the section 88, followings have to be complied with for ensuring safety of workers, namely: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, Schedule-4 [Vide rule 85] Matters relating to safety committee 1 Scope of the safety committee: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, c Following matters shall be included in the guideline prepared under clause a , namely: Risk and safety related management of the firm: Machinery and procedure related management: Management of dangerous smoke, explosives and combustibles: Fire related management: Accident related management: Management of sickness out of dangerous operation, professional illness and poisoning: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 3 Arranging meetings: The safety committee shall arrange for regular training and rehearsal under sub- rule 10 and 14 of the rule 55 on prevention of earthquake, conflagration and other disasters and accidents.
Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 7 Preservation of information or database: For getting medical attention and realizing compensation in the accident stated in the twelfth chapter of the law, the safety committee may submit recommendations in writing to the owner or authority. Jurisdiction of the safety committee shall be as follows, namely: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, Schedule-5 [Vide Rule 96] Different advantages and facilities of the tea garden 1.
Provision of drinking water in the working place: At a convenient place within reach of workers in each working place of each tea garden, arrangement of sufficient drinking water shall be made and with this end in view, setting up 1 tube-well or arrangement of drinking water shall be made at leaf weighing center of each section of the garden shall be ensured.
Toilet and bathroom at working place: Recreational facilities: Medical facilities: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September, Provided further that where law permits to appoint more than one physician, efforts shall be made to appoint at least one female doctor; c There shall be at least 4 beds in each of garden, clinic or hospitals; d For each workers in excess to workers appointed in the garden, 1 bed shall be increased and for each bed, at least sixty square feet space of the floor shall have to be allotted, however, in emergency case, the owner may relax the obligation on floor area by informing the inspector general; e There shall be following arrangements in garden, clinic or hospital, namely: As many equipments, injection, medicine and apparatus as shall determined by the inspector general on discussion with the directorate of health shall have to be in each dispensary, garden hospital and group hospital; 5 Medical records: Medical officer in charge of each dispensary, garden hospital and hospital shall keep medical record for each patient taking treatment there; 6 Annual return: Annual return regarding running health care centers shall have to be spent as per Form jha 7.
Housing facility in Tea garden: The tea-garden owner shall at his own cost a make necessary repairs and sound maintenance of houses at times to keep the residence suitable and safe; b arrange for sufficient light for the area where residences have been made; and c Accesses to the residential areas and urine and tool flow and sewerage system shall be properly maintained. Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September, 4 Condition to occupy the residence of workers: Supplying basic products for tea-plantation worker: Conventional practice and facilities: Long held conventional practice and facilities of tea-plantation shall continue to exist.
Elimination of inconvenience: If there appears any difficulty while implementing the provisions of this Schedule, the owner shall inform the Inspector-General in writing and in this regard the decision of the Inspector-General shall be considered final. Bangladesh Gazette, Addendum, September 15, Schedule-6 [Rule ] The procedure and decision making method of the court for reparation case 1 Application Form: If the court does not reject the application under section 2 and 3 , the court will send a notice with the copy of that application and date of hearing.
If in any case both question of law and fact are raised and if the court deems that the case can be settled solely on the legal question, in that case the court can adjourn the trial of question of fact until question of law issettled. The court will preserve a diary with its sign which will note the summaryof the procedure on applications.
Bangladesh Gazette, Addendum, September 15, 9 Recording the reason for adjournment: If the court thinks a particular application is not possible to settle in a single hearing and it is necessary to beadjourned, the court will record the reason for adjournment. If any party of the proceeding submits application by selecting witness, and if the court does not deem the presence of the witness unnecessary for the decision of the case, the court can summon the presence of the witness.
The Courtcan determine the cost of the case or appeal of the labor court or tribunal according to the consideration of the court; However, there will be provision stating that if the court thinks the applicant is unable to bear the determined cost due to poverty, the court can remit him form such or any other cost under the section If the court is trying any case regarding accident, the court or ex officio officer can visit the place where the particular worker has been injured or where he was employed during the accident at any time for field inquiry; However, there will be provision that it can enter a particular industry only during the working hours of the industry if the owner does not give permission to do otherwise.
Bangladesh Gazette, Addendum, September 15, 14 Method of local inquiry: Any form except the receipt of compensation which is, according to the Rules, meant to be signed by the Court, may also be signed by any subordinate officer authorized by it for this purpose.
If any person who is a party to a proceeding is less than 18 years of age, or is incapable of appearance, the Court may appoint an appropriate person, with his consent, as a representative of the same to conduct such proceeding.
If it appears to the Court that interest of the concerned party is not being protected properly by the representative appointed under clause 19, or the person appointed as representative dies or otherwise becomes incapable or unfit, then it shall appoint another person as representative substituting the previous person. For Factory: Category Maximum Number of Workers or License Fee Taka License Renewal Fee Employees Employable in Any Day of Taka the Year a b c d e f g h i j k l Above 2.
Category Maximum Number of Workers or Employees License License Renewal Employable on Any Day of the Year Fee Fee Taka Taka a b c d e f g 6, h 7, i Above 10, 4. For Commercial Bank and Insurance Company: Category Maximum Number of Workers License Fee Taka License Renewal Fee Employable in Any Day of the Taka Year a 50 b 70 c d e 1, f 1, g 2, h 3, 1, i 3, 1, j 4, 2, k above 5, 3, 6.
Serial No. If there is any objection or proposal, that shall be submitted to the under-signed authority within 14 days. The hearing of the objection shall be held in The objecting persons or organization or through the authorized representatives can attend the hearing. Objection s or Proposal s with reason 1.
Copy is given to the owner Address of Contracting Agency Classification of Worker Date of Issue: Photo Name of Worker: Nature of Work: Date of Joining: Blood Group: Permanent Address: Telephone No: Telephone No.
National ID No.: Name of Worker: Passport 2. Size Photo 3. Village or Mahalla or House Post Office: Present Address National ID Card No. Educational Qualification: Height Centimetre Blood Group if any: Identification Mark if any: Date of Issue of Service Book: Left Thumb Impression: Serial No.: From Whom Acceptance Was Made: Name of Post Service book is being accrued for secured custody and record of Service book is being accrued for secured custody and record of information.
Classification of Workers: Name of Division or Group Date of Appointment Section or Department Ticket, Card or Token No Description of Service: Why medical practitioner is considering him to be incapable 1. Description of other service s which he is capable of performing if any ………………………………………………………………………………………………………………. Other Comments: Name of Worker On last His employment history is recorded in the service book.
Date of Birth: Card, Ticket or Token No: Amount of Last Paid Wage: Write down the complaints serially here: Date of accrual of the cause of complaint: On which date the grievance was contacted to the owner: Whether the owner has informed his decision[if yes, have a copy or summary recorded with the decision] Date of giving decision by owner Whether the grievance has been raised already according to the Labour Code, Attachments if any: Serially write down which relief s you are expecting: Serial No…………………………………….
Father……………………… Mother……………………………… Address……………………………………… has been examined by me. Permanent Address……. His identifying mark is……………………. Physical Fitness……………………………….. Identifying Marks………………………. If any: Group No. In any: Card No…………………………………………………………… Probable Date of Delivery: Card no. I, hereby, notify that I will probably give birth to a child as per the opinion of the medical practitioner on the upcoming date of……………….
Date of nomination…………………………………. I, hereby, notify that I have given birth to a child on the date of ……………… According to the conditions of section 47 of the Bangladesh Labour Act, , certificate of the registered registered medical practitioner is herewith attached.
Due to my incapacity to be present physically, as per section 49 and rule 29 2 , I nominate ………………………… Card No. Name of the Which Part e. Wall, Type of Activity e. Sign or Number of Identification: Location of Department: Signed …………………………………….. Number of Total Workers and Employees: Address of Factory or Establishment: Serial Serial No. Name and address of the mill: Name and address of the occupant: Name and address the pressure vessel: Example of the fault practiced: Date of the construction in brief: Date of the latest hydraulic test and used pressure: Whether the vessel has been put in an open state or otherwise in atmospheric pressure or damp condition: Whether all machineries and fittings have been preserved properly and in good condition: Type of repair done: Safe operating pressure: Other observations: Bangladesh Gazette, Addendum, September 15, Form A [See section 71 and clause 62 8 ] Register of examination of Pressure vessel Name of the factory or institute: Address of the factory or institute: Date………………………………… 2.
Address……… 4. Permanent address…………………. Physical ability…………………… Date and time of the accident: Brief description of the accident: Description of the victim of the accident: Bangladesh Gazette, Addendum, September 15, 8.
Name and brief address of the witness of the accident: Name and address of the registered physician who has treated the victim of the accident: Date and address of sending notice of the accident: Information in the above mentioned table must be delivered separately to permanent and seasonal factory. Following definitions have to be kept in mind while filing this form: Bangladesh Gazette, Addendum, September 15, Form A [See Section and clause 3 ] Final report of accident and professional injury Sent after two months of the accident or joining work after temporalphysical inability 1.
Type of accident: Elbow of right hand or above elbow Elbow of left hand or above elbow Below right hand elbow Below left hand elbow Leg- on the knee or above knee Leg-below knee Permanent total hearing One eye thumb All toes of a leg A bone of thumb Index finger Big toe Any finger except index finger 9.
Class of accident mark the appropriate option: Bangladesh Gazette, Addendum, September 15, Responsible object for accident mark the suitable option a Main operating machine: The time of absence form work working hour The name and address of the medical officer under whose treatment the injured person produced: Date of sending report: Has there been any injury or loss of life: Name of the people who witnessed it and can significantly corroborate: Registration no.
The name of the disease worker is suspected to be suffering from: Name of the notice provider: Safe load Proof load Up to 20 ton Including additional 5 ton More than 50 ton Including additional 10 ton If proof load is applied, it should be done by load lifting that can be moved and after lifting load, the derrick should be Including additional 10 ton The above-mentioned proof load should be lifted pending as far as possible from both sides.
Articles of gear Proof load Ring, hook, shackle, swivels Safe working load Double of pulley block Single sheave block Four folds of safe working load With the capacity of bearing 20 ton safe load Double of safe working load Multiple sheave block With the capacity of bearing more than 20 ton up to 40 ton one and half times of safe working load safe load Multiple sheave block d In the above-mentioned way, all parts of the gear should be examined opening the pin of pulley block and the wheels of pulley after examination that whether any parts are rambled as a result of the examination.
If annual examination of all derrickboom, crane and above-mentioned gears is carried out on the same day, all cranes, derrickbooms and above-mentioned gears can be written in column No. If it is not done, the parts should be mentioned clearly on which annual and five-year examination have been carried out on the mentioned date.
Five-year examination means the examination with proof load. Five-year examination Location and Number of certificate I hereby certify that I have thoroughly examined the Remark I hereby certify that I have thoroughly examined the gears mentioned in Remark description of of the examination gears mentioned in the column No. Annual examination of gear of the winch, hoist The machineries and gear which have been examined should be mentioned in the column No.
Annual examination means to observe with eyes. But the parts can be examined hitting with hammer or other ways if the safety of these are endangered and examination can be carried out opening the parts and gear, if necessary.
Description and location Certificate number of the I hereby certify that I have thoroughly examined the gears mentioned in the column Remark Signature and of the machineries justification and No. Description and location of the Angle degree with the surface of Applied proof load Any safe load ton mentioned in machineries including the derrick boom during pressing load the column No.
Signature Date If the machine mentioned in the column No. Sufficient information must be provided such as the numbers of winch or derrick should be mentioned. As per the rules mentioned in the column No.
Competent person means: Description and location of the In jib crane, on which radius the Applied proof load Any safe load ton installed on machineries including the proof load has been applied Ton jib crane mentioned in the number or mark if any column No.
Number and identifying marks Description of gears Date of check Applied proof load Amount of safe load 1 2 3 4 1. Has a competent person examined the gear after pressing the proof load and is the gear is capable to endure with any crack, break or any fault of the proof load?
Name and address of the manufacturer or the supplier I hereby certify that the information provided above are correct. Qualification See Note Notes: Name and address of the rope manufacturer and supplier Name of wire whether made of best steel Number and identification Mark Number of gears Certificate of check Number of welders Date of welding The fault detected in the examination after welding 1 2 3 4 5 See Note c Note: The building has been constructed under the supervision of the undersigned firm as per the specification specified in the approved design.
Name of firm if any If it is member of an association, the membership No. Signature of the certifying person Date: Sl No. Ended for the week The owner of the management can prepare the column No. Name of worker I hereby declare that I am agreed to work in night shift from I hereby declare that I agreed to work in night shift of the said firm on the condition of ensuring the proper security of the work by the management.