Chapter 1 Application of the Bangladesh Labour Act 2006 Main objectives of labor law: Labour law is designed to control

and govern the continous process by which workers and management decide the terms and conditions of employment. It is based almost entirely on statutes passed by the parliament during last seventy years. The Bangladesh Labour Act 200 is not enacted a day! Bangladesh has a long heritage in terms of labour law. "f the # labour laws! 2$ Acts! ordinances % orders were repealed by the Bangladesh Labour Act 200 . Labour law is mainly concern with the labour employment! labour remunerations! conditions of works! trade union! maternity leave for women workers! social security! social safety etc. Application of the labor Code 2006: According to &.'()* of the Bangladesh Labour +ode 200 this Act shall apply to the whole Bangladesh. This law is applicable in the case of all establishments! such as commercial % industrial establishments! factories! shops! docks! tea plantations. i* According to &.2()'* establishment means shops or commercial establishment or any industrial establishment or premises or yard where workers are employed for industrial work. ii* According to &.2(,* of the Bangladesh labour +ode 200 any premises or yard where on generally five or more workers work on any day of the year and in any part of which a manufacturing process is been carried on but does not include a mine. iii*According to s.2('0A* of the Bangladesh labour +ode 200 !Tea plantation means any land used or intended to be used for growing tea and includes tea factory. iv* According to &.2(#0* of the Bangladesh labour +ode 200 ! -arden means any area where coffee! rubber or tea etc. are produced and stored and tested or researched and includes any agricultural firm e.cept research firm or laboratory firm employing ten or more workers in it. v* The act usually applies to all establishment as defines in &.2(#'* of the Act. i.e. an establishment in which the business of advertising! commission or forwarding is conducted! or which is a commercial agency and it includes the following establishments/ A clerical department of a factory or any industrial or commercial undertaking. The office0establishment of a person who for the purpose of fulfilling a contract with the owner of any commercial establishment or or industrial establishment employs workers. A unit of a 1oint0stock company. An insurance company! a banking company or a bank. '

A broker2s office. &tock e.change. A club! a hotel or a restaurant or an eating house. A cinema or theatre.

vi* The Act usually applies to all establishments which come under the definition of vehicle as defined in &.2 ($'* of the Act i.e. any mechanically propelled vehicle! used or capable of being used for the purpose of transport in road! air and water and includes a trolley vehicle and a trailer. vii* The Act usually applies to all establishments which come under the definition of industrial establishment as defined in &.2( '* of the Act! i.e.! any workshop or other establishment in which articles are produced!adapted or manufactured which includes the following establishment as well3 4oad transport service 4ail transport service 5ater transport service Air transport service Any dock! wharf or 1etty! Any mine! 6uarry! gas0field or oil0field! Any plantation! A factory 7ewspaper establishment. vii* The Act usually applies to all establishments which come under the definition of newspaper establishment as defined in &.2(,'* of the Act! i.e.! an establishment for the printing! production or publication of any newspaper or for conducting any news agency or news or feature syndicate3 Co!panies which will co!e under industrial establish!ent b" the Bangladesh labour Code 2006 are as follows:# a. The number of workers employed by the company in any shift at any time during a year is '00 or more. b. The paid0up capital of the company as on the last day of its accounting year is at least T8. "ne crore. c. The value of the fi.ed assets of the company as on the last day of the accounting year is at least T8. Two crore. According to the Bangladesh labour +ode 200 this law is also applicable for those companies which are in operation for more than 2 years and where at least $0 workers work generally and at least $0 workers work as apprentices.

$on%Applicabilit" of the Labour Act: According to section '(#* of the Bangladesh labour +ode 200 in the following e.ceptional cases the of the Bangladesh labour +ode 200 shall not apply3 a. b. c. d. e. f. g. h. i. 1. To offices of or under the government/ To security printing press/ To arms factory/ To establishments which are run not for any profit or gain but for the treatment or care of the sick! infirm! destitute or mentally unfit! old! disable! disserted women or children/ To shops or stalls in any public e.hibition 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 e.hibition or show/ To shops or stalls in any public fair or ba9aar held for religious or charitable purpose/ To educational! training or research institution/ To hostels and messes not maintained for profit or gain/ In application of chapter two of the Act! any shop or commercial or industrial establishment owned and directly managed by the government and the persons employed therein are governed by the government servants2 conduct rules/ To a worker whose appointment and conditions of service are regulated by or under the law or rules framed as per articles 2!,:!'') or ')) of the constitution of the people2s republic of Bangladesh as follows3 Article 2 for defence services of Bangladesh/ Articles ,: for the secretaries of ;arliament/ Article '') for staff of the supreme court/ or Article ')) for service of the republic.

k. <owever! this prohibition shall not apply! to workers appointed in the following establishments/ 4ailway =epartment/ Telephone! telecommunication and postal department/ =epartment of public works/ =epartment of public health engineering/ and -overnment printing press. l. Any worker employed in any establishment referred to in clauses (b*! (c*! (d*! (e*! (f*! (g* and (h*. however! this prohibition shall not apply to any worker e.cept a teacher employed in any university in application of this Act/ m. Any sailor e.cept in so far as these provisions applies to chapters '2!') and '#/ n. Any ocean going ship e.cept in so far these provisions apply to chapter ' of this Act/ o. Any agricultural firm where less than ten workers work/ p. <ome0workers/ and 6. Any other establishment which is run by an owner in association of his family members and where no worker is employed for wages. )

The government has the special power that at any time by the -a99ette notification can declare that of the Bangladesh labour +ode 200 2s applicability to any organisation. Labour &ights in the Constitution of Bangladesh Articles: Article '$(b* of the constitution provides a fundamental responsibility of the state to the right to work! that is the right to guaranteed employment at a reasonable wage having regard to the 6uantity and 6uality of work/ Article ':('* lays down that the state shall >ndeavour to ensure e6uality of opportunity to all citi9ens/ Article 20('* of the constitution proclaims that work is a right! a duty and a matter of honour to every citi9ens who is capable of working! and everyone shall be paid for his work on the basis of the principle ?from each according to his abilities to each according to his works@ / Article 20(2* of the constitution proclaims that the state shall >ndeavour to create conditions in which! as a general principle! persons shall not be able to en1oy unearned incomes! and in which human labour in every form! intellectual and physical! shall become a fuller e.pression of creative >ndeavour and of the human personality/ Article )#('* of the constitution prohibitions all forms of forces labour/ Article )A provides for a fundamental right to e.ercise the freedom of association and the right to form unions/ there can be no doubt that the right to form an association or union not only embraces the right to form a trade union but also that the word Bform2 in article )A does not limit the e.ercise of that right to the formation of an association. The right to form an association must of necessity imply the right to continue and carry on activities of the association as well/ and Article #0 proscribes the right of its citi9ens to enter upon any lawful profession or occupation and to conduct any lawful trade or business.