FACTORY ACT of industrial law course.ppt

FACTORY ACT of industrial law.ppt

1. Bangladesh Labor Code 2006

2. Definitions
Factory means any premises including the
precincts thereof whereon generally five or
more workers work on any day of the year
and in part of which a manufacturing process
is being carried on but does not include a
mine.
Factory

3. Manufacturing Process

Manufacturing process means of the following
processes:
(i) for making, altering, repairing, ornamenting,
painting, washing, finishing or packing or
otherwise treating any articles or substances with
a view to its use, sale, transport, delivery, display
or disposal,

(ii) for pumping oil, gas, water, sewage, or other
fluids or slurries or

(iii) for generating, transforming, or transmitting
power or gas,

4. Manufacturing Process (Cont..)
(iv)for constructing, reconstructing
repairing, refitting, finishing or breaking up
of ships or vessels, or
(v) for printing by letter press, lithography,
computer, photocompose, offset or other
similar work or book binding which is
carried on by way of trade or for purposes
of gain or incidental to another business so
carried on;

5. Adults: Adult means a person who has
completed his eighteenth years of age.
Adolescent: Adolescent means a person
who has completed his 16-years of age but
has not completed his 18th year.
Child: Child means a person who has not
completed his 16-years of age.

6. Provisions Regarding
Health and Hygiene

7. Section Duty
51
Ensure the cleanliness of the establishment;
a) All inside walls when painted must be
repainted or re-varnished at least once in every
5 years.
b) Where they have smooth surfaces they must
be cleaned at least once in 14 months.
c)In other cases they must be whitewashed or
color-washed at least once in 14 months.
d)Where they are painted with washable water
paint must be repainted at least once in every
period of 3 years and washed at least once in
every 6 months.
In relation to Health and Hygiene, employers must
Health and Hygiene

8. 52(4)Where the nature of the work involves the
production of ‘excessively high temperatures”,
take measures to separate the process from
the workers through insulation or other
effective measures.
52(1)Take effective measures to ensure that
every workroom has adequate ventilation
through the circulation of fresh air;
Health and Hygiene

9. Health and Hygiene
53(1)Where any process gives off dust or fume or
other ‘injurious or offensive’ substance, take
‘effective measures' to prevent its accumulation
in any workroom and its inhalation by workers
including any exhaust appliance which should
be fitted as near as possible to the point or
origin of the dust or fume,
54Take effective arrangements for the disposal of
wastes and effluents;
56(2)Prevent over-crowding;
57Provide Sufficient and suitable lighting;

10. 58Provide “wholesome pure drinking
water” conveniently situated for all
workers;
59Provision of clean, ventilated and
lighted latrines and urinals –
separately for male and female
workers.
Health and Hygiene

11. Safety Issues

12. Section Duty
Staircase
62At least two stair cases of 45” in width
62(3)Ensure that no exit doors are locked or obstructed whilst
workers are inside the building, and all doors should
open outwards unless they are sliding doors.
63(4)Ensure that every window or door that could be used for
escape is marked red in Bengali
62(7)
Ensure that where more than 10 workers are employed
above ground floor, or where explosives or inflammable
materials are used, all workers should be provided
training or means of escape if there is a fire;
62(8)Ensure where more than 50 workers are employed, a
demonstration of fire extinguishing must be held ,
In relation to fire safety, employers
must

13. SectionDuty
63
Ensure that dangerous part of any machinery –
including flywheels, prime movers etc – are” securely
fenced” though ‘substantial construction” when they are
moving;
64
Where moving machinery must be inspected whilst in
motion, ensure this is only undertaken by a ‘specially
trained adult male worker’ with close fitting clothes,
whose name has been recorded the register;
65Ensure striking gear is provided;
65(2)
Provide suitable devices in every workroom for cutting
off power in emergencies from running machinery;

14. Provisions regarding the welfare of
workers:
First Aid Kit (Labor
Code 2006-89)
One first aid box for every 150
workers.
Eye guard/ Needle
guard: (Code 2006-69)
Every dangerous part of any
machinery (moving or in use) shall
be securely fenced by the
safeguards
Labor Code 2006-205
Applicable for the facility where 50
or more employees are employed.
Employee welfare committee

15. Provisions regarding the welfare of
workers:
Canteen (Labor
Code 2006-92)
Canteen needed if more than 100
workers are employed
Dining (Labor
Code 2006-93)
If more than 50 workers employed a
rest room and lunch room required
Child Care Room
(Code 2006-94)
If more than 40 female workers
employed then child care room
needed

16. Working Hours
Working Hours:
Daily Work Hours (Labor
Code 2006-100):
General 8 + Overtime 2
Weekly Work Hours
(Labor Code 2006-102):
General 48 + Overtime 12
On average 56 hours per week in a
year

17. Working Hours: Daily Rest
Daily Rest (Labor Code
2006-101):
After six hours work 1
hour break or two half an
hour breaks after 5 hours
and 8.5 hours of work.

18. Working Hours: Weekly Rest
Weekly Rest (Labor Code 2006-103):
Shop, commercial or
Industrial
establishment:
One and half days/week
Factories and other
establishments:
One day/Week
Road transportation
establishment:
One day for 24 hours consecutive work.
As soon as circumstances permit, compensatory holidays
of equal number to be provided (Labor Code 2006-104)
If employees work on weekend, as soon as circumstances permit, compensatory
holidays of equal number to be provided (Labor Code 2006-104)

19. Overtime Wage and Allowance:
Overtime Hours
(Labor Code 2006-108):
More than 8 hours of work/day
More than 48 hours of work/week
Overtime allowance (Code
2006-108):
(Basic Wage / 208) X 2 X OT
hours.

20. Payment of wages
Wages Periods (Code
2006-122):
Shall not exceed one month.
Time of payment of
wages (Code 2006-
123):
Before the expiry of the seventh working day of the wages
period in respect of which wages are payable.
Deduction for
absenteeism (Code
2006-126):
Deduction to be made proportionately from the wage for
the absent period.
This section does not support the following:
One day absent for three days late
Weekend/Paid Holidays considered as absent day for
consecutive absenteeism.
Adjusting OT hours with absent days
Etc.
 

21. Leave and Benefits
Casual Leave (Code 2006-115)10 days/Year (No carry forward)
Sick Leave (Code 2006-115)
  
14 days/Year (No carry forward)
Annual Leave
(Code 2006-117)
1 Day earned for 18 days work.
Can be availed during the subsequent period of twelve
months. Can be carried forward to the next year but
cease in 40 days for adult workers
Festival Holidays
(Code 118)
10 Days/ Year. If work on festival holiday the worker
is entitled for two days leave with full wages and
another alternative holiday.
Maternity Leave (Code 2006-46)16 (8+8) weeks with full pay
Group Insurance
(Code 2006-99)
Every factory where more than 200 workers were
employed, to be introduced mandatory Group
Insurance scheme.
Workers Participation in
Companies Profit
(Code 2006-232-252)
If 100 or more employees employed, Paid up Capital
is at least take one crore, Fixed Asset is at least taka
two crore of a company then this section applies.

22. Criminal Offences, Prosecutions and
Sentences Involving the Labor Code
Offences and Sentences
There are a number of new offences - as well as
significantly more stringent penalties that can be
imposed by the court - relating to health, safety
and welfare issues in the new labor code.

23. Any person who violates any provision of
the code that
•results in death, that person can be
sentenced up to four years of imprisonment
or with a fine of up to 1 lakh taka
•results in “grievous bodily harm”, can be
sentenced to two years imprisonment or a
fine of up to 10,000 taka or both.
•Results in any other harm to a worker or
other person or causes any other danger, he
can be sentenced to six months imprisonment
or a fine of up to 2,000 taka.

24. Annex Three: Criminal Offences
Subject MatterSectionOffence Fine (Taka)Maximum
Imprisonment
Dismissal,
retrenchmen
t etc
283 Failure to comply with a civil law
court order imposed by the
Labour Court, pursuant to its
powers under section 33,
relating to dismissal,
retrenchment etc
5000 3 months
Employment of
Children
and young
persons
284 Any violation of provisions relating
to the employment of children
and young persons (set out in
chapter 3)
5000