LAW200

Section18
Final Assignment

NAME- MOHAMMED JARIF AKHTAR

ID-1610545030
DATE OF SUBMISSION- 08/05/22
SUBMITTED T0- SAMINA NAWSHIN (SNW1)
Abstract

Bangladesh's labor laws ensure that workers' rights are protected. The goal of this research is
to look into and evaluate the labor laws that are used in Bangladesh's RMG industry. The
overview is used to collect data, while the percentile and unmistakable insights are used to
interpret the results. The use of Labor Law arrangements (Bangladesh Labor Act-2006) in
Bangladesh's RMG area reveals a substantial lack of implementation of the agreements at
work. The general arrangements for support rule and strategy, maternity benefits, pay and
additional time installments, pay for injury that occurs by chance, opportune asset, wellbeing
and cleanliness, safety and security, government assistance, and working hours, leaves, and
occasions are found on a normal norm. Maternity benefits with leave, lucky asset offices
putting out fires gear, and specialised preparation on security procedures are the main issues
in this respect. The majority of the cases' business conditions—maternity benefits, working
hours, paid leave, enough pay—are satisfactory, although improvements are occasionally
necessary in the areas of trade unions, benefit investment, and medical issues. Bangladesh's
RMG industry should follow labor rules in order to receive government help for workers. The
situation requires public authority observation and careful monitoring. The purpose of the
examination 'Labour Laws in the Bangladesh Garment Sector' is to investigate labor legal
practices in Bangladesh's RMG sector. The main gripe revolves around government aid
programs. The main reasons for this include carelessness, thoughtlessness, the executive's
lack of authority and command over the personnel responsible, a lack of reserve, and so on.
Schooling, preparation, and mindfulness development are unquestionably undervalued in
RMG industries. This might be linked to a lack of duty in the RMG areas. All of these point
to the necessity for further strengthening of the administrative structure and progressive
implementation of the Act's provisions at the workplace in Bangladesh's RMG sectors.
The scientists assumed that, in general, the work law situation was all together (for example,
company circumstances, maternity remittance, working hours, and leave), but that
improvements were needed at times (for example trade unions, benefit investment, and the
strength of representatives). The results have been broken down using both essential and
auxiliary data acquired from trustworthy sources.
Introduction

Bangladesh is a growing country with great potential. Bangladesh's export-oriented clothing

industry, often known as ready-made garment (RMG), is a flourishing manufacturing sector
that contributes significantly to the country's economy. The RMG business began its modest
journey in the late 1970s and quickly grew to become a significant economic actor.
Bangladesh is a growing country with great potential. Bangladesh's export-oriented clothing
industry, often known as ready-made garment (RMG), is a flourishing manufacturing sector
that contributes significantly to the country's economy. The RMG business began its humble
journey in the late 1970s and quickly rose to prominence as a major economic force.

Bangladesh's textile and clothing sector, commonly known as the ready-made garment
(RMG) business, is one of the country's most important industries, contributing significantly
to the national economy through exports. The RMG sector began in the late 1970s, a few
years after independence. By the 1990s, the industry had grown significantly in size and
importance to the economy.
The United Kingdom accounts for 59 percent of the RMG industry's exports, while the United
States accounts for 29 percent. The rest is sold over the world. The RMG business earned $
12.5 billion in export revenues in 2010. Because of the epidemic, it increased to $ 34.13
billion in 2019, before dropping to $ 27.95 billion in 2020. The RMG business accounts for
83 percent of the country's export revenues, and Bangladesh shipped 6.8% of global clothing
market exports in 2019. Because of the industry's strong export needs, there are about 5000
garment factories in the nation, employing over 4 million people, with over 80% of them
being women.
A safe, cheerful, helpful, and resourceful working environment is required for the sector to
continue to flourish. This would boost worker productivity and efficiency while also
attracting the attention of other stakeholders. Buyers expect manufacturers to insist on
excellent working conditions. This is where Bangladesh's RMG business appears to be
struggling, as global retail brands have repeatedly cautioned them to uphold fundamental
worker rights. This is due to the unsuitable manufacturing working environment. The sector is
now being pushed to obey fundamental labor regulations because global retail brands will not
buy from firms that do not give basic worker rights.

The Bangladesh Garment Manufacturers and Exporters Association (BGMEA) has

developed its own code of conduct for the industry's labor regulations in collaboration with
the major trade unions. The Bangladesh Shrama Ain and the Bangladesh Labor Act, 2006
are two of the country's most important labor regulations. These regulations were crucial in
improving the country's labor standards and ensuring that the needs of stakeholders and
purchasers in the ready-made garments sector were met. Safe and secure working
conditions, maternity benefits, hygiene, working hours and leave, wage, compensation,
accidents, provident funds, inspection, and health care were all guaranteed by these
regulations Following this, the government produced the Bangladesh Labor Rules in 2015
and the Bangladesh Labor Welfare Foundation Law Standard, both of which attempted to
strengthen the previously imposed legislation.
The National Child Labor Elimination Policy was established in 2010. This, together with
the Labor Law of 2006, pushed for better working conditions, workplace health and safety,
and, most importantly, against child labor. Children under the age of 14 are not permitted
to work, according to the Labor Law of 2006. Children aged 14 to 18 are permitted to
work in low-risk environments.
The new legislation advances by broadening the scope of the law's applicability and
clarifying previously ambiguous words. The government, in collaboration with
international organizations, domestic NGOs, and labor unions, is always trying to enhance
labor rights in the RMG business, with the goal of improving labor conditions in
Bangladesh.

Method & Literature Review

I researched the country's labor laws extensively for our analysis on the situation of labor
laws in Bangladesh's RMG industry. I also looked at the current state of the country's RMG
sector, as well as the driving forces, challenges, and other related topics, in order to come to a
more logical conclusion about the laws, their structure, implementation, and overall
effectiveness in one of our country's most important and largest export sectors.

Labour law, according to Brittannica, is a broad area of law that deals with employment, pay,
working conditions, unions, and industrial relations (Jenks, 2021). The Factories Act of 1881
is the foundation of Bangladeshi labor legislation. This was later changed in 1965 with the
Factories Act, which established work hours and improved overall working conditions. Later,
the legislation was updated as Bangladesh Labour Act 2006, which reformed our country's
labor laws and changed a number of procedures for the country's labor sector. It also
improved the definition of manual labor by include several sectors that were not covered by
the earlier Factories Act of 1965. (Banglapedia,2015).
This provision also assures that salaries, vacations, maternity allowances, and other benefits
are properly paid. Regulations for trade unions are also included in the Act. In 2013, the
Labour Act of 2006 was revised. This amendment introduces a compensation provision in the
event of an employee's death. This also includes child labor rules, such as defining hazardous
jobs for youngsters. The legislation also mandates the use of safety equipment and establishes
regulations governing the facilities required for physically challenged workers.
These restrictions also apply to Bangladesh's ready-made garments (RMG) industry.
However, there are several areas where labor regulations may be improved, such as employee
healthcare and profit sharing. According to their findings, over 95% of workers in their
survey reported that they receive their salaries either before or within seven work days of the
next month. They were also given appropriate time off in compliance with current labor
standards. Despite this excellent response, the researchers discovered that the majority of
suspended and retiring workers get paid late. They also discovered that in the RMG business,
the majority of candidates suffer delays in the event of an employee's death. Furthermore, the
majority of workers in these industries are not permitted to freely join any trade union.
Female laborers are considerably less numerous.
 Objectives:

The overall goal of this inquiry is to analyze the use of legal and other compliances relevant to
Bangladesh's readymade garment sector.
The specific goals are:
• to portray the legal issues relevant to Bangladesh's readymade garment industry
• to distinguish the zones or factors associated with the legitimate and different compliances of
Bangladesh's readymade garment industry
• to distinguish and clarify the vast variables or territories associated with the legal viewpoints or
different compliances of Bangladesh's readymade garment industry

• To offer policymakers some suggestions for improving Bangladesh's readymade garment

industry's existing situation.

• Examine the basic practices and employment situation.

• To determine the working hour, additional time, and leave of a laborer in accordance with the
Labour Act 2006.

• Examine the organization's salary practices

• To acknowledge associations' efforts to promote health and hygiene.

• To investigate the current actions of specific security estimation associations.

• To assess the association's efforts to obtain government help for specialists.

• Examine the compensation provisions for unintended injuries.

• To recognize the administration's maternity benefit arrangements made in accordance with the Labour
Act of 2006.

• Labor Law Enforcement in Bangladesh's RMG Sector

• Provide suggestions for strengthening labor law practices in organizations.

Labor Laws in the RMG sector

Bangladesh has a big and inexpensive agricultural and non-agricultural workforce of roughly 90
million people. The majority of industrial jobs are non-agricultural. All enterprises must abide by
labor laws that govern salary levels, job conditions, leave policies, health and safety, working
hours, and insurance for injured workers. In the topic of Employee Rights & Labor Law in
Bangladesh, the constitution guarantees freedom of association and the right to join associations.

Bangladesh's labor laws are governed by the Labor Act of 2006 and the Labor Rules of 2015.
Employees in industrial and commercial enterprises are covered by the Act and Rules. Annual
leave, working hours, medical leave, and weekly vacations are all covered by the regulations.
The laws use the revenues from the business for gratuities, provident funds, and participation.

The following are some of the labor laws:

Bangladeshi Labor Law on Working Hours:

Working time limits are required under several legislation. It was originally intended to set your
limitations in order to ensure a healthy working environment and adequate rest time between
shifts. The 2006 Labor Act in our country defines working hours on a daily and weekly basis,
including additional hours and their reimbursement.

1. Daily Working Hours: 8 hrs.

2. Working Hours Per Week: 48 hours per week
3. Rest or meal interval: A shift of more than 6 hours must contain a 1-hour break, and a shift of
less than 6 hours must include a 1-hour break.

A shift of 5 hours must include a 30-minute break, and an 8-hour shift must contain two 30-
minute breaks or one one-hour break.
10 hours per day and 60 hours per week of overtime During overtime, employees must be paid
twice their regular salary.
Women Workers: No shifts between 10 p.m. and 6 a.m. are permitted without the agreement of
the woman worker.

Bangladeshi Labor Law on Working Hours:

Bangladesh Labor Law: Wages

Wage is any monetary payment made to a worker in recognition of the work completed in that
position. Any grant made by the company to any pension fund, provident fund, or any other
facility, or any service prohibited by the common order of the government. Any traveling
allowance. Any cash granted to the worker to cover special expenses.

Wages must be paid before the seventh day after the last day of the due wage period has passed.

Holidays and leave in Bangladesh Labor Law:

Every employee who takes a vacation is assigned to the following leaves:

• Personal time off

• Festival vacation

• Full compensation for maternity leave.

• Holy day of the week

Other leaves include:

Casual Leave is allowed under Section 115 of the Labor Act of 2006. It is supplied with full
salaries for 10 days every year.

Sick Leave: Section 116 of the Labor Act of 2006 allows employees to take time off if they get
medical certificates from licensed doctors. Any employee who takes sick leave for more than 14
days in a year is entitled to full pay.

Section 117 of the Labor Act of 2006 allows a person who has worked for one year to take an
annual leave.
Bangladesh Labor Law: Termination by Dismissal

If a worker is found guilty of theft, bribe taking, fraud, or other offences, the employer has the
right to fire them without notice or pay.

Bangladeshi Labor Law on Maternity Leave:

The Labor Act of 2006, Section 45(1), prohibits an employer from employing a woman for the
first eight weeks after her delivery.

A woman employee is prohibited from working in any company for the first eight weeks after
giving birth under Section 45(2).

Section 45(3) prohibits the employment of any woman who is likely to give birth to a child
within 10 weeks.

Bangladesh's RMG Sector and the Application of Labor Laws

In the RMG sector, the provisions of the Bangladesh Labor Act-2006 are being implemented.
The general provisions concerning administration rule and strategy, maternity benefits,
compensation and additional time installment, remuneration for unintentional injury, fortunate
asset, health and cleanliness, health and security, government assistance, and working hours,
leaves, and occasions can all be found on a standard norm. The key deficiencies in this regard
are maternity benefits with leave, appropriate asset offices for putting out fires apparatus, and
training of professionals on health-care services. The major gripe revolves around government
support provisions. Working hours, leave, and special circumstances requirements are mostly
in line with factory act provisions.

Shortcomings in Bangladesh's RMG Sector's Labor Laws

Despite significant improvements in labor conditions at processing factories, the Bangladesh

RMG sector has maintained a "sweatshop" image that continues to prevail. The Bangladesh
Work Law of 2006 is a solid piece of legislation that covers the majority of international
standards. The job for the Promotion of Social, Environmental, and Production Standards in the
Readymade Garment Sector (PROGRESS), lead by German advancement involvement,
discovered that by implementing this law, suppliers are only a few steps away from achieving
global acknowledged procedures.

Some Recommendation in RMG sector of Bangladesh:

The most important labor-related recommendations Bangladesh should follow these
remedies because the world pays a lot of attention to compliance difficulties. Accord and
Alliance, ILO, US government, and Common Market

Market regulations It is critical to increase compliance. If we continue to fail, the brand and
the customer will eventually stop buying from us. Factory safety, fire safety, historic
structures, and so forth must be complied with Which will ensure workers’ welfare:

To ensure that RMG factories are safe-

The government of Bangladesh is constructive, Fire and electric Security RMG factory, with
the help of all local and international players. Occupational safety. Improving the Labor
Inspector A major revamp is essential if the labor inspector is to be effective. Bangladesh's
government must rebuild the factory and organization inspection department (DIEF). It is
necessary to maintain accountability and transparency. Inspection reports that may be viewed
via a public information base and website will constitute a step toward transparency and
exposure Inspection services.
Strengthening fire services- The Fire Service and Protection Department (FSCD) should be
strengthened, according to current requirements. Work on requirements inspection and
strengthening its capacity to react to events This clause mandates that industrial plants be
inspected more thoroughly, and that alarm drills be conducted when industrial plant owners
safely keep buildings safe during an alarm.
Without inspection, sounds-
The activity of the RMG plant inspection team is an important step toward enhancing
security in the sector. The challenges continue to accelerate the progress that has already
been made. Bangladesh must develop its institutional, regulatory, and supervisory processes
related to building and fire safety once external assistance expires.
Professional health and safety enhancement- Professional health and safety skills are the
most critical challenges for the RMG sector! Coaching, education, and increased awareness
Campaigns and materials, as well as employees and employers, must be based on safety and
security norms. This is useful for developing a national action plan for fire and building
safety. A fantastic scheme is being implemented for Bangladesh. The Better Work program
aims to promote global competition and promotion in the clothing sector. It must adhere to
international labor standards and national legislation. The global supply chain aided the
expansion and development of socially responsible export plans at the enterprise level.
Establishment of an Employment Injury Insurance Project- Experience with implementing a
compensation system following the extinction of an amphibian genus Plaza Explicitly
demonstrating the prerequisites for launching an Employment Lease Insurance (Ell) project.
This benefits employees, spreads financial risk among firms, and improves the reputation of
Bangladesh's RMG sector.
Conclusion

I have taken the RMG sector and related this with our final topic Labor law. In this labor law,
some of the most important reasons for labor law are considered. The majority of employees
believe that their salaries are not paid as stated. It is not paid during the next seven days or
within the deadline. Workers believe they are employed by the factory, yet there is no
assistance fund for them

References
Abdullah Al Faruque, Current Status and Evolution of Industrial Relations System
Afrin, S. (2014). Labour Condition in the Apparel Industry of Bangladesh: Is Bangladesh
Labour Law 2006 Enough?. Development Country Studies, 4(11).
Bangladesh - Bangladesh Labour (Amendment) Act, 2013 (Act No. 30 of 2013). (2021).
Retrieved 19 May 2021, from https://www.ilo.org/dyn/natlex/natlex4.detail?
p_lang=en&p_isn=94286
Bangladesh holds the second position in RMG exports: WTO. (2021). Retrieved 19 May
2021, from https://www.textiletoday.com.bd/bangladesh-holds-second-position-rmg-
exports-wto/
Department of Labour. (2021). Retrieved 23 May 2021, from
http://www.dol.gov.bd/site/view/legislative_information/-
in Bangladesh (International Labour Organization 2009).
Islam, M., & Rakib, M. (2019). Labour Laws in the Garment Sector of Bangladesh: a
Workers’ View. Yuridika, 34(3), 467. doi: 10.20473/ydk.v34i3.14945
Islam, M. M. (2016). Implementation of Labour Laws in RMG Sector of Bangladesh: A Case
Study. NU Journal of Humanities, Social Sciences & Business Studies, 2(2), 91-109.
Jenks, W. (2021). Labour Law. Retrieved 19 May 2021, from
https://www.britannica.com/topic/labour-law\
Labour Law - Banglapedia. Retrieved 19 May 2021, from http://en.banglapedia.org/index.php?
title=Labour_Law
The Labor Rights in Bangladesh. (2021). Retrieved 23 May 2021, from
https://www.lawteacher.net/free-law-essays/employment-law/the-labor-rights-in-
bangladesh-employment-law-essay.php
Uddin, M.N., A Study on the Work place Environment in Garment Industry: Challenges and
Opportunities, Institute of Social Welfare and Research, (2012) University of Dhaka.
Universal Declaration of Human Rights 1948