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Applicability and Non-Applicability of The Bangladesh Labour Act, 2006 With Recent Amendment

This document provides an overview of the Bangladesh Labour Act of 2006 and its amendments. It discusses the history and codification of labour laws in Bangladesh, the application and non-application of the Labour Code, and key definitions including the definition of a worker and classifications of workers such as permanent, probationary, temporary, and casual. It also outlines the purpose and periods of probation for workers in Bangladesh.

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Shajid Shahriar Shimanto
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97 views

Applicability and Non-Applicability of The Bangladesh Labour Act, 2006 With Recent Amendment

This document provides an overview of the Bangladesh Labour Act of 2006 and its amendments. It discusses the history and codification of labour laws in Bangladesh, the application and non-application of the Labour Code, and key definitions including the definition of a worker and classifications of workers such as permanent, probationary, temporary, and casual. It also outlines the purpose and periods of probation for workers in Bangladesh.

Uploaded by

Shajid Shahriar Shimanto
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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LECTURE 2

Applicability and non- applicability of the Bangladesh Labour Act,


2006 with Recent Amendment
History
 Labour law: Codification/ Consolidation of 50
Laws
 Out of 50, 15 passed during colonial rule, 23:
Pakistan period. 12: After Independence
 1992 Labour Law commission
 Labour Code 2006 Repealed 25 laws & Still 25
remain valid laws
Application of the Labour Code
• Preamble:
An Act to consolidate and amend the laws relating to
employment of labour,
• relations between workers and employers

• determination of minimum wage,

• payment of wages and compensation for injuries to workers,

• formation of trade unions, raising and settlement of

industrial disputes,
• health, safety, welfare and working conditions of workers,

and apprenticeship and matters ancillary thereto.


Non-Application
• Government offices
• Security Printing press and Ordnance factories
• Charitable establishments like hospitals, old home,
orphanage, asylums etc.
• Shops or stalls in any public exhibition engaged in
retail sale only, and shops or stalls in any public fair
or bazaar for religious or charitable purpose.
• Educational, Training and Research institutions
• Hostels and Messes not maintained for profit or gains
•
Small agricultural farms…………..etc. Sec (1(4)
Definition of Worker S. 2(65)
• Worker means any person including an apprentice
employed in any establishment or industry
• either directly or through a contractor, to do any
• skilled, unskilled, manual, technical, trade
promotional or clerical work for hire or reward,
• whether the terms of employment be expressed or
implied,
• but does not include a person employed mainly in a
managerial or administrative capacity.
Determination of worker
• Designation is not sufficient to be treated as worker,
Rather the Nature of the works showing the extent of
authority determines worker ( Senior Manger,
Messers Dost Textile Mills Ltd and another Vs.
Sudansu Bikash Nath 8 BLD (AD) 66.)
• Workers not only includes work for productive
purposes but skilled, unskilled, manual,
technical………….( Managing Director, Rupali
Bank Ltd Vs Md Nazrul Islam Patwary and others
48 DLR. (AD) 62.)
Classification of Worker S. 4
 Apprentice,
 Badli,
 Casual,
 Temporary,
 Probationer, and
 Permanent.
Classification Contd
• Apprentice: A worker shall be called an apprentice
if he is employed in an establishment as a learner,
and is paid an allowance during the period of his
training.
• Badli : If he is employed in an establishment in the
post of a permanent worker or of a probationer
during the period who is temporarily absent.
Classification Contd
• Casual: if his employment in an establishment is of casual
nature.
• Occasionally engaged on indefinite jobs or for definite
periods.
• Temporary: if he is employed in an establishment for work
which is essentially of temporary nature, and is likely to be
finished within a limited period
• Nature of the work : (Mere appointment on a temporary
basis is not the sole criteria for holding the work as
temporary one).. M.D. Rupali Bank Vs First Labour
Court 46 DLR 143.
Classification Contd
• Probationer: If he is provisionally employed in an
establishment to fill a permanent vacancy in a post and has
not completed the period of his probation in the
establishment.
• Permanent: if he is employed in an establishment on a
permanent basis or if he has satisfactory completed the
period of his probation in the establishment
• Not require appointment on permanent basis but the
satisfactory completion of the period of probation is
sufficient. (M.D. Rupali Bank Vs First Labour Court 46
DLR 143.)
Probation
 Purpose: To judge the suitability of a person
appointed on a particular post.
 Period of Probation: Clerical: 6 Months Others: 3
Months.
 Exception for skilled worker, not possible to
determine the quality of his work: Additional 3
Months.

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