TABLE OF CONTENT

Topic Page No.

Introduction
03

Wages & Salary 04-05

Working Hours & Leave 05-06

Service Rules and other provision 07

Health & Safety 08-11

Welfare 12-13

Graphical Presentation 14

Conclusion 14

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 Introduction
During the recent years the world of Business has changed vastly. We the people of different
walks of life cannot be able to imagine that what is going to be the future picture if these
changes continue rapidly like this speed.

This report attempts to show the emergence and implementation of labor law in the contents
of Bangladesh garments sector. It is expected that this report will help to gather knowledge
about labor law and realize their importance in modern business world. We tried our level
best to compile information as comprehensively as possible.

There are labor laws pertinent to health issues of garment workers in Bangladesh. The laws
cover work hours, wages, sick leave, maternity leave and benefits, compensation and other
working environment related issues. Because of the lack of implementation and/or violation
of the laws, workers often suffer from health hazards both at work and at home. The problem
is compounded by the fact that workers are unaware of many of the laws and the benefits they
are entitled to because of lack of education and resources. The Bangladesh government,
garment employers and different international and national NGOs have important roles to
play in reducing the health hazards of workers. The paper discusses different types of
illnesses and through narratives of women garment workers explores health hazards
experienced by them. It also suggests solutions for policy-makers, NGO activists, employers
and workers.

Normally in our country labor law 2006 is followed everywhere. In this labor law there are
included –

 Wages & Salary

 Working hours and leave
 Health & Safety
 Welfare

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 Wages
The government of Bangladesh sets minimum wages for various categories of workers.
Wages usually refer to hourly pay, whereas salaries refer to annual pay. Wages are calculated
by counting the number of hours worked and multiplying it by an hourly rate. While salaries
are calculated annually and divided by the number of payments received.

Section 122 guides the paymaster to fix a period not exceeding 30 days

Section 123 provides that payment shall be made within 7 days of the expiry of a wage
period.

Section 108 It is obligatory on the employer to pay the worker overtime for working more
than 8 hours/day. An overtime of pay is double the rate of his/her usual wages.

Implementation

Labor Law-2006 Implementation

Section 122 fixes a period for payment
not exceeding 30 days.
Section 123 Payment should be
providing within 7 days of expiry
wages period.
Section 108 says about overtime who
works more than 8 hours a day.
Minimum wage is set for 5300 taka but
not more than 70% factory follows it.
Payment date start with 4/5 in a month
and goes on 12/15.
Not provide double payment for
overtime hours.

Minimum wage is set for garments worker as 5300 taka. But reality is not more than 70%
factory give the minimum wage as well as payment made not within 7 days of the expiry of a
wage but more than 10 to 12 days. But most of the workers have no idea about existing law of
payment of wages and also have no idea about the actual rate of overtime payment. Most of
them get their overtime payment in due time but it is not equal to the provision of extra

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allowance for over time provided in Section-108. Overtime work is one of the main problems
in this industry. Overtime is forced, not optional; whenever factory management decides
workers are bound to work extra hours or lose their jobs. There is a common feeling of
deprivations and being cheated in terms of overtime pay. Calculation of overtime is always
considered fraudulent which is calculated by the factory management. The worker’s
impression of fraudulent practice is rooted in the fact that when workers complete five or four
extra hours work, the official record book shows that they have worked only two extra hours.

Working hours and leave

Section 100 makes a provision of 8 working hours a day for an adult worker. 1 hour break for
rest or meal for 6 hours of work and half an hour break for rest or meal for 5 hours of work.
According to the amendment of 2013, total working hours of an adult worker should be up to
48 hours in a week

Section 103 of the new labor code makes the provision of 1day weekly holiday for all the
workers employed in a factory.

Section 117 of the new labor law deals with the annual leave. Every worker who has
completed 1 year of continuous service in a factory will be allowed to avail annual leave.

1 day for every 18 days of work performed by adult workers during the previous period of 12
months. 1 day for every 15 days of work performed by a young worker during the previous
period of 12 months.

Every worker will be allowed to get 11 days of festival leaves in a calendar year.

Section 115 of the new labor law deals with the casual leave of the worker. It makes a
provision for 10 days casual leave with full wages.

All workers employed in a factory shall be eligible to get 14 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 Registered Physician has certified his or her illness.

Section 46 of the labor law 2006, maternity leave is of 16 weeks (8 weeks before and 8
weeks after the delivery)

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Implementation

Labor Law-2006 Implementation

Section 100 makes a provision of 8 Not maintained this because they

working hours in a day.
Section 103 makes 1 day weekly
holiday for worker.
Section 117 deals with annual leave 1
day holiday for 18 day for adult and 1 annual leave with pay.
day holiday for every 15 days for young
workers.
Section 115 deals with casual leaves
which are 10 days with full wages.
Section 46 talks about maternity leave
which is 16 weeks.
forced to work at least 10-12 hours in
day excluding overtime.
They get 1 day holiday weekly but
hardly get any compensatory holiday.
Only a least number of workers get
Normally not properly followed casual
leave with full wages but they get sick
leave.
Workers get both leaves and wages in
maternity time but not everyone as
well as not 16 weeks differs from 8-12
weeks.

Though the wages are low, the working hours are very long. The RMG factories claim to
operate one eight-hour shift six days a week. Most of the garment factories, workers are
forced to work 10 to 12 hours a day ignoring the labor law which states a maximum of 10
hours per working day. The workers of garments enjoy holiday properly but they hardly
enjoy compensatory holiday. Garments workers get extra pay for extra work but the extra
pays are hardly equal to the double amount of normal pay for them. Workers get interval for
rest or meal properly and in time. Only a least number of workers get annual leave with pay.
Also garments worker hardly enjoy the annual sick leave. The working hours, leaves and
holidays provisions indicate a totally different picture as noticed before. Moreover, garment
workers are not aware of the legal provisions on annual leave and festival leave with pay.

Workers who were eligible to get the maternity benefits received the benefits in due time. It is
found that workers get both leave and wages as maternity benefits but the number is not
satisfactory. Women workers in most of factories get the extension of their maternity leave.

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 Service Rule and Service Policy Provisions

The Labor Law-2006 and the subsequent Rules has laid down detailed provisions regarding
workers service rules, policy, identity card and service book.

Section 5 of Bangladesh Labor law-2006 explained the provision regarding appointment and
identity card. This section provides that no employer shall employ any worker without giving
such worker a letter of appointment and every such employed worker shall be provided with
an identity card with photograph.

Section 6 and 7 tells that every employer shall, at his own cost, provide a service book for
every worker employed by him and the service book shall contain the personal and job
related all necessary information of the worker.

Implementation

Labor Law-2006 Implementation

Section 05 explained the provision Maximum garments cannot provide

regarding appointment and identity appointment letter but most of them
card. gives identity card.
Section 06 & 07 provide a service Maximum garments use service book
book for every worker and the service but not all have the necessary
book shall contain the personal and job information of the workers.
related all necessary information of the
worker.

The Labor Law-2006 has laid down various provisions regarding workers. Maximum
garments maintained their organizational service rule and policy and most of the factories do
not provide the appointment letter to all of their workers at the time of joining. Most of the
garments followed the procedures of punishments as per labor law and contain register book
but not in a proper way. Provision period for workers is not followed by the employers in
most of the garments.

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 Health
Section 51 in Labor Law-2006 provides that every establishment shall be kept clean and free
from effluvia arising from any drain privy or other nuisance. Dirt and refuge shall be moved
daily from the floors and benches of workrooms and from staircases and passages. The floor
of every workroom shall be cleaned at least once in every week. All inside walls and
partitions, all ceilings or tops of rooms, passages or staircases should be painted or varnished
at least once in three year or cleaned and washed with proper color at least once in a fourteen
month.

Section 52 has prescribed that every workroom in the garments must have adequate
ventilation facilities so that there remain adequate circulations of fresh air in the room. The
temperature in the workroom should be kept within the tolerable limit of the workers.
Section- 56 has set guidelines for restricting overcrowding in the workrooms and ensuring
free movement of the workers at the workplace.

Section 57 provides that in every part of a garments or factory where workers are working or
passing, there shall be provided and maintained sufficient and suitable lighting, natural or
artificial, or both.

Section 58 states that there should be sufficient and proper arrangement for wholesome
drinking water, container legibly marked as “drinking water” and must be kept at place
maintained twenty feet away from washing place, urinals and latrines.

Section 59 spells out that there should be adequate number of specific type of latrines and
urinals for the workers at the workplace. There should be separate latrines and urinals for
male and female, as well as, there should be proper arrangements for keeping them in
hygienic condition.

Implementation

Labor Law-2006 Implementation

Section 51 & 52 every establishment The dirt and refuge moved daily from
shall be kept clean and free from any the floors, benches in the workroom
drain privy or other nuisance as well as and staircases and passes daily is not
workroom in the garments must have maintained properly. But the floors are

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adequate ventilation facilities.
Section 56 & 57 set guidelines for
restricting overcrowding in the
workrooms as well as there shall be
provided and maintained sufficient and
suitable lighting, natural or artificial,
or both.
Section 58 & 59 there should be
sufficient and proper arrangement for
wholesome drinking water and should
be adequate number of specific type of
latrines and urinals for the workers at
the workplace.
regularly cleaned once in a week.
The fresh air circulation arrangement is
good enough in most of the garments.
The workers feel that free movement
in the work place is up to the legal
standard. Study found that lighting
condition is at the average level.
The proper arrangement for drinking
water is up to the legal standard but
very poor condition of the facility for
keeping drinking water cool in
summer. Number of latrines and
urinals at the work place are sufficient
but separate washrooms for male and
female workers are inadequate.

Managers and supervisors do not know their responsibilities of health. Health rules are not
communicated to the workers there is no system in place to consult workers on health issues.
The dirt and refuge moved daily from the floors, benches in the workroom, staircases and
passes daily is not maintained properly. The floors are regularly cleaned once in a week.
However, the inside walls, partitions etc. are not kept cleaned in every garments. The results
indicate that the fresh air circulation arrangement is good enough at the work place in most of
the garments. And the temperature is comfortable for the worker. The respondents feel that
free movement in the work place is up to the legal standard. Study found that lighting
condition is at the average level. The measures for protection from glare and shadow of
artificial lighting is somewhat above the average standard .The results show that the proper
arrangement for drinking water is up to the legal standard. ‘Drinking water’ is marked and a
very poor condition of the facility for keeping drinking water cool in summer is observed by
the workers of the study. The results also show that the number of latrines and urinals at the
work place are sufficient and the latrines and urinals are kept cleaned regularly in most of the
garments. But separate washrooms for male and female workers are perceived to be
inadequate.

From the above discussions it is very clear that health and hygiene applications of the labor
law act in the garments is on an average standard.

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 Safety

Section 62 of Bangladesh Labor Law-2006 provides that every factory building should have
adequate number of ‘fire exit’ and they must be marked legibly in red colored letters. There
should be proper fire alarm system to make worker alert at the outbreak of fire in the factory.
During working hours no factory room must not be fastened from outside in such way that
can’t be opened from inside. There should be adequate and effective firefighting equipment
and the workers must be trained to use them.

Section 64 prescribes that only adult male workers with tight-fit outfits should be employed
to work at moving type of machinery. In addition to this, Section-34 to 40 provides that
normally no young person (aged between 14 and b e l o w 18 years) should be allowed to
work at dangerous machinery. Only the young person can work at such machinery if they are
properly trained to do so. They must carry out their assignments under supervision of well-
trained and knowledgeable person. Before giving young person any such assignment he must
be certified by the proper authority about his capability of performing such job.

Implementation

Labor Law-2006 Implementation

Section 62 that every factory building
should have fire exit and fire alarm
system as well as no gate is closed
from outside.
Section 64 that only adult male
workers with tight-fit outfits should be
employed to work at moving type of
machinery also carry out their
assignments under supervision of well-
trained and knowledgeable person.
Fire exit is not maintained properly in
all garments as well as factory doors
used to be kept locked for security
reason in many garments.
Sometimes young workers work in
machinery which is very dangerous for
them and also they don’t have any
proper training regarding that fact.

Because of the carelessness of the factory management and for their arrogance factory doors
used to be kept locked for security reason defying act.

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Safety need for the worker is mandatory to maintain in all the organization. But without the
facility of this necessary product a lot of accident is occur incurred every year in most of the
company. Some important cause of the accident are given below-

 Routes are blocked by storage materials

 Machine layout is often staggered

 Lack of signage for escape route

 No provision for emergency lighting

 Doors, opening along escape routes, are not fire resistant

 Doors are not self-closing and often do not open along the direction of escape

 Adequate doors as well as adequate staircases are not provided to aid quick exit

 Fire exit or emergency staircase lacks proper maintenance

 Lack of proper exit route to reach the place of safety

There not an adequate number of fire exits at the work place. The fire exits are properly
marked in red color but not all. However, the respondents feel that there is an adequate
arrangement of fire alarming in the garments and the firefighting equipments are adequate in
numbers but the workers are poorly trained in handling firefighting equipments. Only the
adult-trained person works with machinery in motion in garments. But sometimes the young
persons are engaged in the dangerous machines. Moreover, the garments hardly provide
certificates to young people regarding fitness for working in the garments. Law provides that
no person in the garments should be allowed to lift, carry or move any load so heavy as to be
likely to cause him injury. Most of the garments properly maintained this law. It is very clear
that training and awareness development is least emphasized in garment sector in
Bangladesh.

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 Welfare
Section 89 of Bangladesh Labor Law Law-2006 provides that in every part of the
establishment where workers work there should be first-aid box. The box should contain first-
aid kits and should be kept in such a manner that it becomes accessible to every worker
during the working hours. It also lays down that for every 150 workers there should be at
least one box. Where 500 or more workers work there should be a “dispensary room” with
proper facilities and manpower.
Section 92 of Bangladesh Labor Law 2006 places requirement that where 100 or more
workers are ordinarily employed a canteen should be there with proper arrangements.
Section 93 adds that in every establishment where in more than 50 workers are ordinarily
employed, adequate and suitable shelter or rest rooms, and suitable lunchroom with provision
for drinking water where workers can eat meals brought by them, shall be provided and
maintained for the use of the workers.
Section 94 provides that in every factory, wherein more than 40 women workers are
ordinarily employed, there shall be provided and maintained a suitable room or rooms for the
use of children under age of six years of such women.

Implementation

Labor Law-2006 Implementation

Section 89 & 92 there should be a first First aid box facility is available but
aid box for every 150 person and a dispensary facility is not in
dispensary for every 500 person. everywhere.
Section 93 & 94 there should be a rest There is rest room in most of the
room and lunchroom for more than 50 garments but very poor condition in
workers as well as at least for 40 childcare facility.
female workers there should be
suitable room for children.

First aid boxes are available at the easily accessible position of the work place. The policy of
‘one first aid box for 150 workers is not maintained in every garment. There is a dispensary

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room in some of the garments but it is not properly maintained. In Section 90 and 90A
provides in every establishment factory wherein more than 25 workers are employed, shall
maintained compulsory, in the manner prescribed by rule, a safety record book and safety
information board and where in any factory, 50 or more workers are employed, there shall be
a Safety Committee formed and functioned in the manner prescribed by Rule. But results
show that these provisions are not maintained in every garment properly. A very poor
condition is found in the childcare facility for the female workers. The application of welfare
provisions gives an overall gloomy picture at the garment sector of Bangladesh. Most of the
provisions are perceived by the respondents are found on an average.

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 Current Scenario

Violation of Labor Law in Garments Factores

in Bangladesh
5.89%

19.61% 31.37%
Totally Violated

Mostly Violated

Partially Violated
43.13%
Not Violated

Conclusion

Garments worker in Bangladesh are leading a very poor lives. Most of the garments workers
leading a life below the poverty line. It can be told about them that they are living hand to
mouth. As well as they are not concerned about their rights so that most of the time they are
exploited by garments owner. Though there are so many law to protect garments workers
right but in reality it not be maintained properly and authority are not fully aware on it. Last
of all sometimes workers work in very risky way and accident is occurs regularly and many
workers injures or died in that.

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