LAw Full and Final

Introduction
Labor Law means those rules & customs of state by which the relation of employer Labour is
regulated in order to secure peace in the Industrial arena. The modern Labour law is compiled by
the state. In the eye of Labour law, the capital & the labor both are equally important. In modern
time, the basic purpose of labour law is to create exclusive relation between capital & labour.
There were many labour laws in previous but now it has only one labour laws in Bangladesh,
Which is Bangladesh labour Code, 2006. The Bangladesh labour code is one of the very recent
laws with major overhauling changes in the field of labour legislation. The law governing labour
relations is one of the centrally important branches of the law the legal basis on which the very
large majority of the people earn their living. The level of the wages-nominal or real which is the
vital issue can only be marginally influenced by legal rules and institutions. Marginal influence
of the law on the people’s welfare depends on the products of people’s labour which in turn in
very large extent the result of technical development. In the second place, it depends on the
forces of the labour market on which the law has only a marginal (tough not a negligible)
influence and thirdly on the degree of effective organization of the workers in trade union to
which the law can again make only a modest contribution.
Summary
This research contains with the all labor laws that related to legal rights such as
I. Service and employment for garment workers
II. Maternity benefit according to labor act,2006
III. Health and hygiene factors for workers according to labor act,2006
IV. Important safety factors for garment factors according to labor act,2006
V. Welfare for workers according to labor act,2006
VI. Working hours and leave producers for Garment workers according to labor
act,2006
VII. Wages and payment for garment workers according to labor act,2006
VIII. Workers compensation for injury by accident according to labor act,2006
IX. Trade union and industrial relations according to labor act 2006
X. Provident funds rules for garment workers according to labor act 2006
XI. Settlements of disputes, labour court, labour appellate tribunal, legal proceedings,
etc.
After asking questions about the legal rights of workers in their garment factories we got a mix
response. Most of garment factories are aware of the labor law and fell the necessary to
implement these in their garment. But sometimes they can do this due to either lack of workforce
and sometimes lack of inspection from government. In some cases like the death of a worker
during work all the garments that we surveyed have told that they pay medical insurance in case
of a death but that is only fulfilling half of the law. Only one garment has told they pay each
dead workers family according to labor law.
We believe that most of the laws are adequate for giving worker enough legal rights but the
government needs to monitor them closely.

Acknowledgement:
We would like to thank all the people who helped us by giving their valuable time for their
interview. I would like to specially thank Shahreaz Sharkar and his garments company “ONUS
group” for giving us all the support needed.
Last but not the least my most sincere thanks are dedicated to our honorable Barrister Istiaque
Ahmed for his support, encouragement in the preparations of this report & in his class. We have
tried our best to produce my report accordingly your given structures. I hope I have done an
adequate job considering my level of experience, expertise and I also hope that I have been able
to relate fundamental things with realistic applications.
Your assigned Individual research paper enabled me to know various aspects Legal rights of
Garments industry. I tried my best to include all necessary information and relevant explanation.
I just pray and hope that my hard labor & whole week night & day effort was at least peripheral
to live up your expectations from us which will mean all to us.

Literature review
Important conditions of service and employment for garment workers from Labor Act,
2006.( (Section 19, 27, 28 and 29)
Death benefit:
If a worker dies while in service after a continuous service of not less than three years, his
nominee or in the absence of an nominee, his dependent shall be paid by the employer a
compensation at the rate of thirty days wages for every completed year of service, or for any
part thereof in excess of six months or gratuity, if any, whichever is higher, in addition to
any other benefit to which the deceased worker would have been entitled had he retired from
service:
Provided that if such worker is covered by any compulsory insurance scheme of the
establishment, or, if any compensation is payable for such death under chapter XII, the worker
shall be entitled to whichever is higher.
Retrenchment:
(1) A worker employed in an establishment may be retrenched from service on the ground of
redundancy.
(2) No worker who has been in continuous service for not less than one year under an employer
shall be retrenched by the employer unless-
(a) The worker has been given one month’s notice in writing, indicating the reasons for
retrenchment, or the worker has been paid in lieu of such notice, wages for the period of notice;
(b) a copy of the notice is sent to the chief Inspector or any other officer authorized by him and
also to the collective bargaining agent in the establishment, if any; and
(c) He has been paid, compensation which shall be equivalent to thirty days wages or gratuity for
every completed year of service if any, whichever is higher.
Retirement of workers:
(1) A worker employed in any establishment shall, notwithstanding anything contained
elsewhere in this chapter, retire from employment ipso facto on the completion of the fifty-
seventh year of his age.
(2) For the purpose of counting age of the worker under this section the date of birth recoded in
the service book of the concerned worker shall be the conclusive proof.
(3) Every retiring worker under the provisions of section 26(4) or under own service rule of the
establishment, shall be paid his benefits due to him.
(4) Appropriate authority, if thinks proper, may afterwards, employ the retiring worker under
contract
Payment of provident fund:
No worker, who is a member of any provident Fund, shall be deprived due to retrenchment,
dismissal, removal, discharge or termination of service of the benefit of the provident Fund
including the employer’s contribution thereto, if he is entitled to it under the rules of that Fund.
Maternity benefit according to labor act, 2006(((Section No: 45, 46, 47, 48, 49, and 50)
Employment of women worker prohibited during certain period
(1) No employer shall knowingly employ a woman in his establishment during the eight weeks
immediately following the day of her delivery.
(2) No woman shall work in any establishment during the eight weeks immediately following the
day of her delivery.
(3) No employer shall employ any woman for doing any work which is of an arduous nature or
which involves long hours of standing or which is likely to adversely affect her health; if he has
reason to believe or if she has informed him that she is likely to be delivered of a child within ten
weeks; she has to the knowledge of the employer been delivered of a child within the preceding
ten weeks
Amount of maternity benefit
(1) The maternity benefit which is payable under this act shall be payable at the rate of daily,
weekly or monthly average wages, as the case may be, calculated in the manner laid down in
sub-section (2), and such payment shall be made wholly in cash.

(2) For the purpose of sub-section (1) the daily, weekly or monthly average wages, as the case
may be, shall be calculated by dividing the total wages earned by the woman during the three
months immediately preceding the date on which she gives notice under this act by the
number of day she actually worked during the period.
Health and hygiene factors for workers according to labor act, 2006 (Section 51, 56)
Cleanliness
Every establishment shall be kept clean and free from effluvia arising from any drain, privy or
other nuisance, and in particular-
(a) Accumulation of dirt and refuge shall be removed daily by sweeping or by any other effective
method from the floors and benches of work-rooms and from staircases and passage and
disposed of in a suitable manner;
(b) The floor of every work-room shall be cleaned at least once in every week by washing, using
disinfectant where necessary or by some other effective method;
(c) Where the floor is liable to become wet in the course of any manufacturing process to such
extent as is capable of being drained, effective means of drainage shall be provided and
maintained;
(d) All inside walls and partitions, all ceilings, or tops of rooms, and walls, side and tops or
passages and staircases shall-
(i) Where they are painted or varnished, be repainted or re varnished at least once in every three
years,
(ii) Where they are painted or varnished and have smooth imperious surface, be cleaned at least
once in every fourteenth months, by such methods as may be prescribed,
(iii) In any other case, be kept white-washed or color-washed and the white-washing or color
washing shall be carried out at least once in every fourteen months; and
(e) The date on which the processes required by clause (d) are carried out shall be entered in the
prescribed register.
Ventilation and temperature
(1) Effective and suitable provisions shall be made in every establishment for securing and
maintaining in every work-room adequate ventilation by the circulation of fresh air;
(2) Such temperature as will secure to workers therein reasonable conditions of comfort and
prevent injury to health.
(3) the walls and roofs, as required by sub-section (2), shall be of such material and so designed
that such temperature shall not be exceeded but kept as low as practicable;
(4) Where the nature of the work carried on in the establishment involves, or is likely to involve,
the production of excessively high temperature, such adequate measures as are practicable, shall
be taken to protect the workers there from by separating the process which produces such
temperature from the work-room by insulation the hot parts or by other effective means.
Overcrowding
(1) No work-room in any establishment shall be overcrowded to an extent injurious to the health
of the workers employed therein.

(2) Without prejudice to the generality of the provisions of sub-section (1), there shall be
provided for every worker employed in a work-room at least 9.5 cubic meter of space in the
establishment.
Explanation: For the purpose of this sub-section no account shall be taken of a space which is
more than 4.25 meter above the level of the floor of the room.
Important safety factors for garment factories according to labor act, 2006(Section 62, 63)
Precaution in case of fire
1) Every establishment shall be provided with at least one alternative connection stairway
with each floor and such means of escape in case of fire and firefighting apparatus, as may
be prescribed by rules.
(2) If it appears to the inspector that any establishment is not provided with the means of escape
prescribed under sub-section (1) he may serve on the employer of the establishment an order in
writing specifying the measures which in his opinion, should be adopted before a date specified
in the order.
(3) 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 and all such doors, unless they are of the sliding type, shall be constructed to
open outwards or where the door is between two rooms, and all such doors, unless they are of the
sliding type, 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.

(4) In every establishment every window, or other exit affording means of escape in case of fire,
other than the means of exit in ordinary use, shall be distinctively marked in Bangla and in
red letters of adequate size or by some other effective and clearly understood sign.
(5) In every establishment every window, door, or other exit affording means of escape in case of
fire to every person employed therein.
(6) A free passage-way giving access to each means of escape in case of fire shall be maintained
for the use of all workers in every room of the establishment.
(7) In every establishment wherein more than ten workers are ordinarily employed in any place
above the ground floor, or explosive or highly inflammable materials are used or stored, effective
measures shall be taken to ensure that all the workers are familiar with the means of escape in
case of fire and have been adequately trained in the routine to be followed in such case.
(8) In factories wherein fifty or more workers and employees are employed shall arrange at least
once in a year a mock fire-fighting and the employer shall maintain a book of records in this
regards.
Fencing of machinery
(1) In every establishment the following shall be securely fenced by the safeguards of substantial
construction which shall be kept in position while the part of machinery required to be fenced are
in mention or in use, namely-
(a) Every moving part of a prime mover and every fly wheel connected to a prime mover;
(b) The head-race and tail-race of every water wheel and water turbine;
(c) Any part of a stock-bar which projects beyond the head stock of a lathe; and
(d) Unless they are in such position or of such construction as to be as safe to every person
employed in the establishment as they would be if they were securely fenced-
(i) Every part of an electric generator, - a motor or rotary converter,
(ii) Every part of transmission machinery, and
(iii) Every dangerous part of any machinery:
Provided that, for the purpose of determining whether any part of machinery is safe as aforesaid,
account shall not be taken of any occasion when it being necessary to make an examination of
the machinery while it is in motion, such examination or operation is made or carried in
accordance with the provisions of section 64.
Welfare for workers according to labor act, 2006(Section 89, 91, 94, 91)
First-aid appliances
(1) there shall, in every establishment be provided and maintained, so as to be readily accessible
during all working hours first-aid boxes or cupboards equipped with the contents prescribed by
rules.
(2) The number of such boxes or cupboards shall not be less than one for every one hundred
fifty workers ordinarily employed in the establishment.
(3) Every first-aid box or cupboard shall be kept in charge of a responsible person who is trained
in first-aid treatment and who shall always be available during the working hours of the
establishment.
(4) A notice shall be affixed in every work-room stating the name of person in charge of the first
and box or cupboard provided in respect of that room and such person shall wear a badge so as to
facilitate identification.
(5) In every establishment wherein three hundred or more workers are ordinarily employed,
there shall be provided and maintained a sick room with dispensary of the prescribed size,
containing the prescribed equipment or similar facilities, in the charge of such medical and
nursing staff as may be prescribed.
Canteens
(1) In every establishment wherein more than one hundred workers are ordinarily employed,
there shall be provided adequate number of canteens for the use of the workers.
(2) The Government may make rules providing for-
(a) The standards in respect of construction, accommodation, furniture and other equipment of
the canteen; and
(b) The constitution of a managing committee for the canteen and representation of the workers
in the management of the canteen.
(3) The managing committee to be formed under the rules shall determine the foodstuff to be
served in the canteen, and the charges therefore.

Compulsory Group Insurance
Government may, in the manner provided by rules, introduce group insurance, in the
establishments wherein minimum 200 permanent workers are employed.
Shelters, etc.
(1) In every establishment wherein more than fifty workers are ordinarily employed, adequate
and suitable shelters or rest rooms, and a suitable lunch room, with provision for drinking water,
where workers can eat meals brought by them, shall be provided and maintained for the use of
the workers.
Provided that any canteen maintained in accordance with the provisions of section 92 shall be
regarded as part of the requirements of this sub-section:
Provided further that a lunch room exist, no worker shall eat any food in the work room.
(2) The shelters, rest rooms or lunchrooms provided under sub-section (1) shall be sufficiently
lighted and ventilated and shall be maintained in a cool and clean condition.
(3) In the establishments wherein more than 25 female workers are employed, separate shelter
rooms are to be maintained and in establishment wherein less than 25 female workers are
employed, separate and adequate spaces with screen shall be provided.
Working hours and leave producers for Garment workers according to labor act, 2006
(Section 108,115,116)
Daily hours
No adult worker shall ordinarily be required or allowed to work in an establishment for more
than eight hours in any day:
Provided that, subject to the provisions of section 108, any such worker may work in an
establishment not exceeding ten hours in any day
Interval for rest or meal
Any worker in any establishment shall not be liable to work either-
(a) For more than six hours in any day unless he has been allowed an interval of at least one
hour during that day for rest or meal;
(b) For more than five hours in any one day unless he has been allowed an interval of at least
half an hour during that day for rest or meal; or
(c) for more than eight hours unless he has had an interval under clause (a) or two such intervals
under clause (b) during that day for rest or meal.

Weekly hours
(1) No adult worker shall ordinarily be required or allowed to work in an establishment for more
than forty-eight hours in any week.
(2) Subject to the provisions of section 108, an adult worker may work for more than forty-eight
hours in a week:
Provided that the total hours of work of an adult worker shall not exceed sixty hours in any week
and on the average fifty-six hours per week in any year:
Provided further that the government, if satisfied that in public interest or in the interest of
economic development such exemption or relaxation is necessary, in certain industries, by order
in writing under specific terms and conditions, may relax the provision of this section or exempt,
for a maximum period of six months, from the provision of this section at a time.
Wages and payment for garment workers according to labor act, 2006((section 120+
chapters 11)
Responsibility for payment of wages
Every employer shall be responsible for the payment to workers employed by him of all wages
required to be paid under this act:
Provided that, except in the case of a worker employed by a contractor, the chief executive
officer, the manager or any other person responsible to the employer for the supervision and
control of an establishment shall also be responsible for such payment.

Provided further that when the wages of a worker employed by the contractor is not paid by the
contractor, the wages shall be paid by the employer of the establishment and the same shall be
adjusted from the contractor.
Minimum wages according to labor law act 2013
Grading main posts Minimum basic salary(including the house
rent)
Grade 1: Pattern Master, Chief Quality 13,000
Controller
Grade 2: Mechanic, Electrician, Cutting 10,900
Master
Grade 3: Sample Machinist, Senior Machine 6,805
Operator
Grade 4: Sewing Machine Operator, Quality 6,420
Inspector, Cutter, Packer, Line Leader
Grade 5: Junior Machine Operator, Junior 6.042
Cutter, Junior Marker
Grade 6: Operator of General Sewing/ 5,678
Button Machine
Grade 7: Assistant Sewing Machine 5,300
Operator, Assistant Dry washing man, Line
Iron Man
Trainee 4,180
But still minimum salary is quite low compared to the other developing countries who are also
booming in RMG sector.
Workers compensation for injury by accident according to labor act, 2006(section 150,151)
Amount of compensation
(1) Subject to the provisions of this chapter the amount of compensation shall be as follows,
namely:
(a) Where death results from the injury, a worker in receipt of monthly wages falling within
limits shown in the third column of the Fifth Schedule the amount shown against such limit
thereof;
(b) Where permanent total disablement results from the injury-
(i) in the case of an adult limits shown in Fifth Schedule the amount shown against such limits in
the third column thereof; and
(ii) In the case of a minor- taka ten thousand;
Where permanent partial disablement results from the injury-
(i) in the case of an injury specified in the first schedule, such percentage of the compensation
which would have been payable in the case of permanent total disablement’s as is specified
therein as being the percentage of the loss of earning capacity caused by that injury;
(ii) in the case of an injury not specified in the first schedule, such percentage of the
compensation payable in the case of permanent total disablement as is proportionate to the loss
of earning capacity permanently caused by the injury; and
(d) where temporary disablement, whether total or partial, results from the injury, a monthly
payment payable on the first day of the month following the month in which it is due after the
expiry of a waiting period of four days disablement or during a period as specified in the last
column of the fifth schedule; whichever period is shorter.

(Where Fifth schedule stated that employer will provided to employee maximum 1,00,000 Tk in
case of death and maximum 1.25,000 Tk on condition in case of permanent disable. Besides this,
in section 15(8), it includes the temporary employees who have in the definition of the desirable
compensation owned employees.)
Trade union and industrial relations according to labor act 2006 (((Section 176)
Trade unions of workers and employers
Subject to the provisions of this Chapter,-
(a) workers, without distinction whatsoever, shall have the right to form trade union primarily
for the purpose of regulating the relations between workers and employers or workers and
workers and, subject to the constitution of the union concerned, to joint trade union of their own
choosing;
(b) Employers, without distinction whatsoever, shall have the right form trade union primarily
for the purpose of regulating the relations between employers and workers or employers and
employers and, subject to the constitution of the union concerned, to join trade union of their
own choosing; and
(c) Trade unions of workers and employers shall have the right to form and join federations and
any such union and federation shall have the right to affiliate with any international organization
and confederation of worker’s or employers’ organization.
(d) Trade unions and employers’ associations shall have the right to draw up their constitutions
and rules, to elect their representatives in full freedom, to organize their administration and
activities and to formulate their programmers;

SETTLEMENT OF DIPUTES, LABOUR COURT, LABOUR APPELLATE TRIBUNAL,
LEGAL PROCEEDINGS, ETC
Following topics are discussed in this chapter
1. Raising of industrial disputes
2. Settlement of industrial disputes
3. Strike and lock-out
4. Cessation of industrial dispute
5. Application to Labor court
6. Labor courts
7. Procedure and powers of labor courts in trial of offences
8. Procedure and power of Labor courts in any matter other than trial of offences
9. Appeal from judgments etc. of labor courts
10. Labor appellate tribunal
11. Form of application or appeal
12. Appearance of parties
13. Costs
14. Settlement and awards on whom binding
15. Effective date of settlements, awards, etc.

16. Commencement and conclusion of proceedings
17. Prohibition on serving notice of strike or lock-outs while proceeding pending
18. Power of labor court and tribunal to prohibit strike, etc
19. Illegal strikes and lock-outs
20. Conditions of service to remain unchanged while proceedings pending
21. Protection of certain persons
22. Representation of parties
23. Interpretation of settlements and awards
Summary of all the legal rights available to workers

Important amendments from Bangladesh Labor amendment act
2013
The recent amendments made in the Labor Laws 2006 have important implications for the
workforce engaged in the shrimp processing sector. Out of its 354 sections of the labor laws
2006, government has amended 87 sections to accommodate the emerging needs of the labor
deprivations including the right to unite and join in Trade Union. Among others, the important
areas of amendment include bringing the labor contractor and contract labor under labor laws
and the service benefits and compensation of a permanent labor at time of his/her departure or of
accidental death.
1. Employment through Outsourcing Company: What's more, the series of deadly
industrial accidents have also left the Government of Bangladesh with no choice but to
move towards passing the amendments in a faster pace.
2. Bar in engaging temporary worker in permanent work: An establishment shall not be
entitled to employ any temporary (i.e. casual or daily basis or contractual worker) in any
permanent work and shall not be able to contract out any work to any other establishment
or person if such work is essentially permanent in nature for that establishment
3. Gratuity to Workers: (Amendment to Section 2 of the Act No. 42 of 2006)
All workers who have been working up to 12 years in a factory will received 30 days' basic
salary as gratuity for each completed year. The gratuity money will be increased to 45 days'
basic salary for those workers who have been working for more than 12 years in a factory.
4. Formation of Trade Unions: (Amendment to Section 178 of the Act No. 42 of 2006)
On the registration process, the amendment will removed the requirement of the Director of
Labor, on receipt of the registration application, to send a copy thereof along with the list of
officers of the union to the employer concerned for information. This was a longstanding
demand of the unions.
5. Welfare Board and Welfare Fund: RMG sector will be exempted from the application
of Chapter XV of the Act. As a result the RMG employers are no longer required to
distribute 5% of the profits to the workers of their establishments. In place of profit
sharing, a new provision for creating of a welfare fund for the workers has been
incorporated in the proposed amendment.
6. Workers' Safety: (Amendment to Section 62 of the Act No. 42 of 2006)
The factory owners will ensure safety of the workers by providing all personal protection
equipment’s. They will have to ensure secured power system, ensure that the exit paths are
unlocked and the staircases/paths in the factories are kept open during the working hours to meet
any emergency. A new provision for keeping consistency between the structural design of the
building and factory lay-out has also been included in the amendment. It will be mandatory for
every factory to keep its workers abreast of work risk(s) with a view to securing occupation
health and safety of the workers.
7. Group insurance: (Replacement of Section 99 of the Act No. 42 of 2006)

Group insurance will have to be made in those factories where a minimum 100 workers have
been working. The factory will ensure that insurance money are paid within 90 days of the
claiming of the money.
Labor Law in China:
Past Regime under the Labor Law in China:
Labor laws and regulations in the People’s Republic of China have undergone marked changes in
recent years. These changes are part of China’s redesign of its legal framework to support the
development of its socialist market economy, a process that began close to three decades ago.
APPLICABLE LAWS
China’s current legal system concerning employment was established with the promulgation in
1995 of the Labor Law and in 2008 of the Employment Contract Law, together with their
respective supplementing legislation. The main laws and regulations governing the employment
arena include, among others, the following:
1. Labor Law of the People’s Republic of China, effective July 1, 1995.
2. Employment Contract Law of the People’s Republic of China, effective January 1, 2008,
amended with effect from July 1, 2013.
3. Employment Promotion Law of the People’s Republic of China, effective January 1,
2008.
4. Law of the People’s Republic of China on the Mediation and Arbitration of Employment
Disputes, effective May 1, 2008 (Employment Disputes Law).
5. Labor Union Law of the People’s Republic of China, effective October 27, 2001.
6. Implementing Regulations for the Law of the People’s Republic of China on
Employment Contracts, effective September 18, 2008 (ECL Implementing Rules).
7. Opinion on Several Questions Regarding the Implementation of the Labor Law of the
People’s Republic of China, issued August 4, 1995 (Labor Law Opinion).4 China
Employment Law Guide .
8. . Law of the People’s Republic of China on Entry and Exit Control, effective July 1, 2013
(Immigration Law).
Some important labor laws of china
Working Hours
Chinese regulations provide for a standard working hours system under which employees should
not work more than eight hours per day and 40 hours per week.
However, Chinese law also provides for alternative working hours systems. Upon government
approval, an employer may institute the Comprehensive Working Hours System or the Flexible
Working Hours System. Under the comprehensive working hours 5 China Employment Law
Guide system, employers may require employees to work longer hours without paying for
overtime so long as the average hours worked in a certain period do not exceed the limit on total
hours for that period. If the limit is exceeded, then overtime compensation must be paid. Under
the flexible working hour’s system, an employer may require certain staff, such as high-ranking
managerial staff and sales staff, to work in excess of 40 hours per week without paying overtime
compensation. Local rules may have specific provisions concerning alternative working hours
systems.
Rest days
The statutory minimum is one rest day per calendar week, which can be any day of the week.
Saturdays and Sundays are generally rest days in China. An employer can arrange to have its
employees take rest days on any other days.
Overtime & overtime payment
Under the standard working hour’s system, employees that work over eight hours per day or 40
hours per week are entitled to the following compensation:
• Overtime on workdays – 150% of normal wages
• Overtime on rest days – compensatory leave or 200% of normal wages
• Overtime on statutory holidays – 300% of normal wages
Employees working under the comprehensive working hours system or the flexible working
hours system are usually not entitled to overtime payment.
Before having employees work overtime, employers must consult with the employees and the
labor union (if any). Overtime hours generally should not exceed one hour per day, or three
hours per day under special circumstances, and no more than 36 hours per month.6 China
Employment Law Guide

Annual leave
Employees who have worked between one year and less than 10 years are entitled to five days of
paid annual leave. Those who have worked at least 10 years but less than 20 years are entitled to
10 days of annual leave. Finally, employees will be entitled to 15 days of annual leave once they
have worked for at least 20 years.
Employees should take their entire annual leave entitlement each year. If an employee does not
use all of the employee’s annual leave in a certain year, and does not agree to carry the leave
forward, then the employer must pay the employee 200% of the employee’s average daily wage
for each day of unused annual leave, in addition to regular salary.
Minimum wage requirement
Under China’s minimum wage system, minimum wage levels are fixed by the local governments
and are adjusted regularly.
Maternity benefits
Female employees are entitled to not less than 98 days of maternity leave, commencing 15 days
prior to the projected birth. In the event of difficult labor, the maternity leave is extended by an
additional 15 days. Where the female employee bears more than one child in a single birth, she
shall be granted an extra maternity leave of 15 days for each additional child born.
In some localities such as Shanghai, an extra 30 days of leave is granted for late childbirth,
defined as a first pregnancy occurring after the age of 24. A female employee is also entitled to
two half-hour nursing breaks each working day during the first year after her child’s birth, and
those nursing breaks are considered working time.

Primary research and data analysis
So for the purpose of this research we visited 6 garments factory and collected data on different
aspects of labor law. We wanted to check whether or not they are maintaining the labor law
We asked them questions from different sections labor law. We asked them questions from
conditions of service, maternity benefit, safety measures, welfare, working hours and leave
procedure, wages and payment, compensation for injury and trade unions.
Garment factory: 1
RIO Fashion Wear Ltd.
Chapter 2 labor law (Section 19, 27, 28 and 29)
We asked them question about the compensation in case of a death of a worker. They said that
they only pay medical insurance and all the workers are medially insured, although they didn’t
disclose the amount of medical insurance. Because they didn’t disclose the insurance money we
couldn’t compare between the thirty days wages for every completed year of service.
They said 57 is the minimum age for retirement which is correct according to the labor law
They said they have separate provident fund for workers and they maintain it separately.
They don’t have any retirement policy for workers.

They do pay compensate when they discharge anyone from the service; they pay 3 months’
salary and give advance notice.
Chapter 4 of labor law (MATERNITY BENEFIT)(Section No: 45,46,47,48,49,50)
We asked them the minimum day that women must join their factory following the day of her
delivery. They said 25 weeks (6 months) which is above the stipulated time allocated in labor
law 2006
They give three months’ salary to workers which is accurate according to labor law
In case of a women’s death during pregnancy they pay the due amount. But they couldn’t tell
whom they shall the money.
Chapter 5 of Labor law (Health and Hygiene) (Section 51, 56)
We asked them to write them some of the cleanness measures taken by them, they said sweeping
of floor every day, using Dettol to clean the floor, painting the factory walls every year etc. All
of these are required by the labor law.
I asked them about how many workers work in each floor to know whether they are overcrowded
or not but the manager couldn’t tell me.
Chapter 6 of Labor law (Safety) (Section 62, 63)
We asked them about the fire exits and if they are properly marked or not. They said that they
have two fire exits for whole of factory. It is not sufficient as they have 5 floors and they need to
have fire exits in each floor. And they were not marked properly. They were written only in
English
They said they do the fire drill once a year.
They have fencing to secure the workers.
Chapter 8 of Labor Law (WELFARE) (Section 89, 91, 94, 91)
They have 1 fulltime doctor and a nurse. They couldn’t tell about the first aid boxes.
They do have a canteen but they don’t provide food. And after visiting the canteen it looked
inadequate to us.
They do have group insurance policy which is mandatory.
Chapter 9 of labor law (Working hours and leave) (Section 108,115,116)
They pay double the wage rate for extra load for workers which is correct according to labor law
Workers can take 12 days of casual leave which is higher than the labor law
They couldn’t tell me about the sick leave.
Chapter 10 of labor law (wages and payment) (section 120+chapter 11)
They pay all the wages according to latest labor law amendment 2013 in which the lowest salary
is 8,500 taka.
Chapter 12: (WORKMEN’S COMPENSATION FOR INJURY BY ACCIDENT) (section
150,151)
They do not specific rule regarding this. They have said that all the workers are medically
insured and they receive medical benefit.
Chapter 13(Trade unions) (Section 176)
They do not have any trade union.
Garment 2:M.YEW.FASHION-2
they only pay medical insurance and all the workers are medially insured.
They said they have separate provident fund for workers and they maintain it separately.15% of
basic wage: 7.5% employees+7.5% employer
Their retirement policy is paying provident fund.

law 2006
In case of a women’s death during pregnancy they pay only medical insurance money.
of floor every day, use of face mask, separate section for cleaning staff, cleaning done hourly
basis, toilets are cleaned twice a week, recycle bin in every corner etc. All of these are required
by the labor law.
English. By the looks of the door they seemed to have been sealed for ages.

adequate to us.
is 8,500 taka

Garment 3: ONUS group ltd.
We asked them question about the compensation in case of a death of a worker. They pay
according the labor law
They said they have separate provident fund for workers and they maintain it separately.
They don’t have any retirement policy for workers.
delivery. They said 8 weeks which is exact match with the stipulated time allocated in labor law
2006
In case of a women’s death during pregnancy they pay the due amount. But they couldn’t tell
whom they shall the pay the money.

of floor every day, using Dettol to clean the floor, painting the factory walls every year etc. All
of these are required by the labor law.
English
They said they do the fire drill once every two year.
They have 1 fulltime doctor and a nurse. They have 2 first aid boxes in each of the floors.
inadequate to us.

is 8,500 taka.
Chapter 12: (WORKMEN’S COMPENSATION FOR INJURY BY ACCIDENT) (section
150,151)
They do not specific rule regarding this. They have said that all the workers are medically
insured and they receive medical benefit.
Garment 4:K.MORIOUM GARMENTS
basic wage: 10% employees+10% employer
Chapter 4 of labor law (MATERNITY BENEFIT) (Section No: 45, 46, 47, 48, 49, and 50)
delivery. They said 7 weeks which is lower the stipulated time allocated in labor law 2006
In case of a women’s death during pregnancy they pay normal compensation.
by the labor law.

adequate to us.

is 8,500 taka
Garment 5: ELATE FASHIONS LTD
basic wage: 7.5% employees+7.5% employer
Chapter 4 of labor law (MATERNITY BENEFIT) (Section No: 45, 46, 47, 48, 49, and 50)
law 2006
In case of a women’s death during pregnancy they pay only medical insurance money.
by the labor law.
adequate to us.
is 8,500 taka
Recommendation
The following recommendations should be made in the laws:
1. Worker dismissal is terribly easy under the provision on termination simplicitor, where
the employer is not required to give any reason to terminate a worker and the worker is
not given any chance for self-defense. Also, the notice period for the temporary workers
in this regard is quite short.

2. In the determination of minimum wage, the family size criterion has not been considered.
Nor is the need to balance efficiency and equity. Further, the mandatory wage review of
every five years is too long given the rapid changes in the economy and rising workers’
needs.
3. Although the current law extended the maternity leave, this is not enjoyed by the many
that are under short-term hiring arrangements, especially since the law states that a six-
month employment is needed to get maternity leave.
4. The amount of compensation given to workers due to work-related injury, disability and
death is not adequate for the worker and his/her family. The provision of compensation is
also discriminatory in terms of age of the workers, with an adult worker getting Tk. 1,
25,000 for complete permanent impairment whereas a child/adolescent/young worker
gets Tk.10, 000 only.
After asking questions about the legal rights of workers in their garment factories we got a mix
response. Most of garment factories are aware of the labor law and fell the necessary to
implement these in their garment. But sometimes they can do this due to either lack of workforce
and sometimes lack of inspection from government. In some cases like the death of a worker
during work all the garments that we surveyed have told that they pay medical insurance in case
of a death but that is only fulfilling half of the law. Only one garment has told they pay each
dead workers family according to labor law.
Conclusion
Labor problems constituted a serious menace to the society, and needed solution, if not to
eradicate then at least to mitigate them in the very beginning. Employers paid their sole attention
to the maintenance of machines and the improvement of the technical knowhow to the utter
neglect of the human hands employed to man the machines because they were readily available
and could be easily replaced. Workers were illiterate and poor and therefore unconscious of their
rights. The socio-economic status of the workers was far below the status of their employer. As
such they could not exercise their free will in negotiating with the employer for employment.
The employer taking advantage of the poor condition of the workers dictated their own terms and
conditions with regard to wages, hours of work, leave, etc. The workers were left with no choice
but to accept such terms because service was the sole means of earning their livelihood.
Reference:
1. Bangladesh labor act, 2006.published by ministry of labor and employment, peoples
republic of Bangladesh
2. Bangladesh labor act amendment (2013).published by ministry of labor and employment,
peoples republic of Bangladesh.
3. Nasim(2013), a review of current labour act, 2006, its amendments, and private sector
accords with analyses outlining the implications for workers’ rights and improved
working conditions for workers in the rmg sector.
4. Baker and mackengy(2013), china employment law guide
5. Kabeer and mahmud(2010), rags, riches and women workers export-oriented garment
manufacturing in Bangladesh
6. Khalil(2013), perspective of labor law in Bangladesh
7. hossain, ahmed and akhtar(2010), Bangladesh labor law: reform direction

Appendix
Survey Questioner for Employer
Questions for managers of RMG (Ready-made garments)
Dear Respondent,
We are students of NSU Business School. We are conducting this
survey for the purpose of fulfilling our Research paper for the course
LAW 200(Legal Environment of business) based on “What legal rights are available for
workers in variant garment industries using primary and secondary source. Discuss the
contribution that law has made to ensure the justice of workers in the ready-made garment
(RMG) industry in Bangladesh. Compare the scenario between Bangladesh and developing
(china) of your choice”. This questionnaire is part of our academic requirement and will be only
used for academic purpose. So, our request is to get all kind of assistance from you to prepare
our report. We are assuring you that all the information and feedback provided by you will be
kept completely confidential, and will be used only for this report purpose. No information will
be disclosed/published without your permission.

Chapter 2 of labor law (CONDITIONS OF SERVICE AND EMPLOYMENT) (Section 19,
27, 28 and 29)
1. If a worker dies while in service what is the compensation method and how it is
paid?
I. We pay according to the labor law which is “thirty days wages for every completed
year of service, or for any part thereof in excess of six months or gratuity, if any,
whichever is higher”
II. Other methods: (please specify):
All the workers are insured, and in such cases insurance money is provided to them.
III. We don’t pay compensation at all
2. What is minimum age of workers for retirement in your organization?
I. 57
II. 56
III. 60
IV. 65
3. Does your factory have a provident fund for workers? If yes than how it is
maintained?
Yes! There is a separate section/committee for the maintenance.
4. Do you have any retirement policy for your worker?
I. Yes: (please specify): They are provided a provident fund.
Provident fund = 15% of Total Basic Salary (7.5% by Employer + 7.5% by Employee)
II. No, We don’t have any such policy
5. Do you compensate any worker when they are discharged from service?
I. Yes,(please specify): Employer’s are not allowed to discharge an employee. And
if such conditions take place, an advance payment of 3 month’s amount of salary
should be given, along with a discharge notice in 3 months advance.
II. No
Chapter 4 of labor law (MATERNITY BENEFIT) ((Section No: 45, 46, 47, 48, 49, and 50)
1. What is the minimum day that a woman must join your factory following the day of
her delivery?
I. eight weeks
II. Seven weeks
III. Nine weeks
IV. six weeks
V. 25 weeks (6 months)
2. What is the amount of maternity benefit paid to the workers?
Total salary of 3 months is paid to the worker. Applicable only twice (two births).
3. Do you have any policy of giving maternity benefit in case of a woman’s death?
The maternity benefit she recieves will belong to her, and she will also receive the insured
amount.
Chapter 5 of labor law (Health and Hygiene)( (Section 51, 56)
1. Please write some of the cleanliness measures taken to keep your factory functioning?
I. Use of face mask
II. Separate section of cleaning staff
III. Cleaning is done on hourly basis
IV. Toilets are cleaned twice a day
V. There are recycle bins in the corners of every floor , as well as on the stairs.
2. How many workers work in each floor of your factory? (Please give exact number of
workers and square feet of the floor)
Chapter 6 of Labor law (Safety) ((Section 62, 63)
1. How many fire exits does your company have for each floor? Are they marked properly
so that the workers can understand?
There are 2 fire exits.
2. How many mock fire testing is being done every year in the factory?
Once every year
3. Do your machineries have fencing to secure them from workers?
I. Yes
II. No
Chapter 8 of Labor Law (WELFARE) ((Section 89, 91, 94, 91)
1. What are the first aid measures in the company?
There is a doctor and a nurse, with necessary requirements to provide primary medical treatment.
2. How many washrooms are there in every floor?
There are 4 washrooms in every floor
4. Do you have a canteen?
I. Yes
II. No
5. Do the workers buy food or you provide them free?
I. They have to buy food.
II. Free snacks

III. Free Lunch
6. Is there any group insurance policy for workers?
I. Yes
II. No
Chapter 9 of labor law (Working hours and leave) ((Section 108,115,116)
1.What is your extra allowance for overtime policy?
At an hourly wage rate of double the basic wage rate.
2. How many days can a worker take casual leave in year with full salary?
I. 10
II. 8
III. 7
IV. 9
V. 12
3. How many days can a worker take sick leave in a year with full salary?
Chapter 10 of labor law (wages and payment) ((section 120+chapter 11)
Please fill out the following table:
Grading Main Posts Minimum Basic Salary (Taka)
Grade 1: Pattern Master, Chief Quality 50,000-80,000
Controller
Grade 2: Mechanic, Electrician, Cutting 30,000-50,000
Master
Grade 3: Sample Machinist, Senior Machine 11,000
Operator
Grade 4: Sewing Machine Operator, Quality
Inspector, Cutter, Packer, Line Leader
Grade 5: Junior Machine Operator, Junior
Cutter, Junior Marker
Grade 6: Operator of General Sewing/ Button
Machine
Grade 7: Assistant Sewing Machine
Operator, Assistant Dry washing man, Line
Iron Man
Trainee
Chapter 12: (WORKMEN’S COMPENSATION FOR INJURY BY ACCIDENT) ((section
150,151)
1. What is your amount of compensation in case of injury to worker?
The workers are medically insured. Thus they receive medical benefit.
Chapter 13(Trade unions) ((Section 176)
1. Is there any trade union of workers or employers or both?
I. Yes
II. No, but there is an welfare committee of labors

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Introduction

which the law can again make only a modest contribution.

I. Service and employment for garment workers

II. Maternity benefit according to labor act,2006

V. Welfare for workers according to labor act,2006

VIII. Workers compensation for injury by accident according to labor act,2006

dead workers family according to labor law.

government needs to monitor them closely.

group” for giving us all the support needed.

to relate fundamental things with realistic applications.

to live up your expectations from us which will mean all to us.

shall be entitled to whichever is higher.

shall be retrenched by the employer unless-

also to the collective bargaining agent in the establishment, if any; and

every completed year of service if any, whichever is higher.

(1) A worker employed in any establishment shall, notwithstanding anything contained

seventh year of his age.

establishment, shall be paid his benefits due to him.

Employment of women worker prohibited during certain period

immediately following the day of her delivery.

day of her delivery.

Amount of maternity benefit

sub-section (2), and such payment shall be made wholly in cash.

number of day she actually worked during the period.

other nuisance, and in particular-

disposed of in a suitable manner;

disinfectant where necessary or by some other effective method;

passages and staircases shall-

once in every fourteenth months, by such methods as may be prescribed,

Ventilation and temperature

maintaining in every work-room adequate ventilation by the circulation of fresh air;

prevent injury to health.

of the workers employed therein.

Precaution in case of fire

while work is being carried on in the room.

fire to every person employed therein.

for the use of all workers in every room of the establishment.

in mention or in use, namely-

employed in the establishment as they would be if they were securely fenced-

(i) Every part of an electric generator, - a motor or rotary converter,

(ii) Every part of transmission machinery, and

(iii) Every dangerous part of any machinery:

the machinery while it is in motion, such examination or operation is made or carried in

accordance with the provisions of section 64.

fifty workers ordinarily employed in the establishment.

nursing staff as may be prescribed.

(2) The Government may make rules providing for-

the canteen; and

in the management of the canteen.

served in the canteen, and the charges therefore.

establishments wherein minimum 200 permanent workers are employed.

regarded as part of the requirements of this sub-section:

employed, separate and adequate spaces with screen shall be provided.

than eight hours in any day:

establishment not exceeding ten hours in any day

Interval for rest or meal

Any worker in any establishment shall not be liable to work either-

hour during that day for rest or meal;

half an hour during that day for rest or meal; or

under clause (b) during that day for rest or meal.

than forty-eight hours in any week.

and on the average fifty-six hours per week in any year:

economic development such exemption or relaxation is necessary, in certain industries, by order

Responsibility for payment of wages