Introduction

We know that in our country, there has been no specific Labor Law since independence. Many laws were created in the British period to ensure good relations between employers and employees, determination of minimum rates of wages, payment of wages, formation of trade unions, and child labour. After 1947, when India and Pakistan were created, Pakistan adopted many laws from the British regime relating to Labour Law. In 1971, when Bangladesh became independent from Pakistan, Bangladesh also adopted many laws from Pakistan relating to Labour Law.

In many cases, these laws were aged, effuse, inconsistent & often overlapping one another. To ensure justice for both the employer and employee and regulate the business and industries smoothly, in 1992 Bangladesh Labour Law Commission was created by the Government and it prepared a draft Labour Code in 1994. This draft of the Labour Code, 1994 underwent a series of changes in its vetting stages & finally, The Bangladesh Labour Act (Bangladesh Labour Law), 2006, was passed by the Parliament on October 11, 2006.

Shortcomings of the Bangladesh Labour Law

Though it is drafted to erase inconsistency and ensure good 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, health, safety, welfare, working conditions, environment of workers and settlement of industrial disputes, still, there are some weaknesses in The Bangladesh Labour Act (Bangladesh Labour Law), 2006. Some of the weaknesses are given below:

Termination Clause

The “Termination Clause” is a black law that still now remains in The Labour Act 2006. According to Section 26 of The Labour Act, 2006, the employment of a permanent worker may be terminated by an employer, other than in the manner provided elsewhere in Chapter II, by giving him a notice in writing, of 120 days, if he is a monthly rated worker otherwise 60 days in case of other workers.

Where an employer intends to terminate the employment of a worker without any notice, he has to pay the worker wages for the period of notice, instead of the notice.By this clause, wide power is given to the employer to peel a worker from his work.

Now, the question arises whether a four-month notice or wages instead of the same period is enough to remove a worker from his service without any reasonable ground. A worker may not be able to find suitable work for him within four months. Because of this termination clause, the employers try to use the extensive loopholes relating to the Bangladesh Labor Act, 2006 (Bangladesh Labour Law). So, this clause should be removed from The Bangladesh Labor Act, 2006.

Applicability of the Bangladesh Labour Law

It can certainly be said that the main beneficiaries of these Acts (Bangladesh Labour Law) have been the workers. The Act does not apply to workers in ocean-going vessels and that’s why they are not fully enjoying their rights under this Act (BLA). This Act (BLA) fails to comprise a large number of domestic workers, agriculture workers, and workers working at schools.

Weakness in Providing Maternity Benefits

Internationally, workplace safety and health standards for pregnant and nursing mothers are high. Under the ILO conventions, they can’t be forced to do work that poses a significant risk to the mother’s and/or child’s health. The domestic scenario isn’t as extensive. Bangladesh has not signed the ILO convention on maternity protection—which allows for at least 18 weeks of maternity leave and an additional compulsory six weeks’ leave after childbirth or more, in the case of complications. On the other hand, The Bangladesh Labour Law, provides for 16 weeks of maternity leave— eight weeks before, and eight weeks following, delivery. Further time off for any complications after birth is not applicable for Bangladesh’s working women.

The ILO’s maternity protection convention said that female workers are entitled to a cash benefit which is sufficient to provide for both mother and child. In Bangladesh, female workers are entitled to maternity benefits if they have been at that job for at least six months before their delivery. The amount of payment is an average of their wages, with no scope for assessment as to whether this amount is adequate for both mother and child.

Rest Room & Canteen Facilities under the Bangladesh Labour Law

According to Sections 92 and 93 of The Labour Act 2006, In an establishment where more than 100 workers are ordinarily employed, an adequate number of canteens shall be provided for their use, and in every establishment where more than 50 workers are ordinarily employed, an adequate and suitable number of restrooms shall be provided and maintained for the use of the workers. It only impacts larger workplaces. But what will happen to medium-sized workplaces? It is not mentioned in The Bangladesh Labour Act, 2006. If in an establishment where 100 workers are not employed then what will be the condition of the canteen facilities? There is no such direction about it.

Time Frame of Labor Court for its delivering judgment

According to Section 218(11) of The Bangladesh Labour Act, 2006, The Judgment of the Labour Appellate Tribunal shall be delivered within a period of not more than 60 days following the filing of the appeal. Provided that, no such judgment shall be invalid merely on the ground of any delay inits delivery. For this provision, to get a judgment, four to five years are expired. Because there is a chance of time petitioning by the parties, especially employers. For this lengthy process, the workers are unwilling to prefer an appeal.

Number of Labour Courts

The number of Labour Courts available in Bangladesh is not adequate as compared to the volume of cases. There are only Seven Labor Courts in our country. Out of Seven Labour Courts, three are in Dhaka, two in Chittagong, and one each respectively in Rajshahi & Khulna. It is very difficult to maintain many labour-related cases with a few numbers of courts. So, the number of labour courts should be increased as compared to the volume of cases.

Payment of unpaid wages of the dead workers

According to Section 131, if all sums payable to a worker as wages shall not possibly be paid due to his death or on account of his whereabouts not being known, be paid to the person nominated by the concerned worker. If there is no such nominee or, for any reason not possible to be paid to the nominee, be deposited with the Labour Court, and the Court shall take measures on this behalf and the employer shall discharged of his liability in respect of payment of such wages. If the money is given to the worker’s benefit foundation alternative to the Labour Court then it will be more effective and ultimately the heir of the worker will benefit.

 Occupational Safety and Health

The law has no clear provisions on the following matters:

• Specific weight limit (for load carried by workers in any factory) according to age, condition, and sex;
• Ratio of the alternative stair as a precaution in case of fire and another instrument against the number of workers; and
• Workers-toilet ratio.

Welfare and Social Protection

The amount of compensation given to workers due to work-related injury, disability, and death is not adequate for the worker and his or her family. The provision of compensation is also discriminatory in terms of the age of the workers. Other aspects of social protection have remained intact in the labor law of Bangladesh. For example, provisions on pension and medical and life insurance for the workers.

Enforcement

The most significant weakness of The Labour Act of 2006, is the lack of enforcement. Punishment for labor law violations is not spelled out under the Bangladesh Labor Act. In some cases, the law is simply silent like in the case of forced labor prohibition, maternity benefits, health and safety of workers. In other cases, the penalty is insufficient.

Conclusion

From the above discussion we are trying to identify some weaknesses of The Bangladesh Labor Act, 2006. If the government takes some necessary steps regarding the above weakness, then it will be more beneficial both for the employer and worker.