Labor Law
Labor Law
Labor Law:
Laws related to labor recruitment, labor wages, work environment, trade union and labor management Under the Labor Act, labor laws also include compensation for compensation, minimum wage fixation, maternity benefits, participation of workers in company profits and other such matters. Most of these legal documents control the rights and responsibilities of the working people.
In the beginning of the mid-nineteenth century, with the development and expansion of factories and industries in the Indian subcontinent, new opportunities for employment were created. This resulted in gradual migration of labor force from rural areas to factories and mills in the urban areas. At that time the employers were not so much focused on the needs of their employees because of any state control or absence of any organization of workers; There was a lot of work-time, including unhealthy conditions of recruitment of workers, wages were much lower than the cost of living. In this situation, some laws have been introduced since 1881. Among them, were the Factories Act (1881), Workers' Compensation Act (1923), Trade Union Act (1926), Labor Dispute Act (1929), Wage Payment Act (1936), Maternity Benefit Act (1939) and Child Employment Act (1938) .
In view of the changed demands since 1947, the Government of Pakistan decided to retain and retain most of these laws in accordance with administrative law. According to the approved Adaptation of Bangladesh Law Order (President's Order No. 48) in early 1972, government decisions were taken to maintain majority of these laws in independent Bangladesh. A brief subject based description of those laws, ordinances, laws and regulations, which have brought about the labor and industrial laws of Bangladesh, are as follows:
Installation
The main objective of the country's labor and industrial law is the 1881 FACTORY Act. This includes the labor-time provisions of women and workers, including the minimum age of recruiting child labor. After the formation of the International Labor Organization (ILO) in 1919, this law was amended and then it was rejected due to the declaration of factory law in 1934. It was effective until the year of declaration of factory law in 1965 by applying some provisions of the ILO Conference. The law of 1965 applied to ten or more persons employed without any mechanical strength or mechanical power. Special provision for women and adolescent workers and provision of safety, health and health of workers is kept in it. In addition, child labor is prohibited and limited to child labor in factory and seasonal factories. In addition to normal work-hours, there is a provision of double wages for general wages for extra workThe term of an adult worker is determined in such a way that no worker will work for more than five hours without a break for a rest of hours, or more than five hours without a break for half an hour. The rest of the work with rest breaks is more than ten and a half hours more in the factory, and more than eleven hours more in the seasonal factory. Weekly holidays are granted for all workers. The law has vacations and holidays.
The fact that the factories of 1965 do not apply to factory law are covered under the Shipping and Establishment Act of 1965. There is also special provision for cleanliness, labor-hour assessment, extra wages for labor-hour work, women and adolescent workers. Under this law, no child below 12 years of age can be appointed. Moreover, according to this law, the labor-hour of any business or industrial institution or recreational organization has been restricted to nine hours daily and limited to one hour per week. Additional hours of work-hours are approved for an additional 120 hours, and this will result in double payment for the general wage. No worker can work more than five hours daily without rest. Under this law, there is a one-and-a-half-year holiday arrangement per week.
The mines law of 1923 applies to workers engaged in mines. Work-hours of workers engaged in the upper part of the mine are ten hours daily and fifty hours a week. Labor Day will not be more than 12 hours daily with rest breaks. Work-hours of workers employed underground are limited in nine hours daily. There is no additional labor-time provision in this Act. No worker in the mine will work for more than six days a week. There is no provision of wages for Weekly Weeks-Day under this Act.
According to the Motor Vehicle Ordinance of 1983, the labor-time of the motorist was limited to 54 hours a week and 9 hours a day. In certain cases, exceptions are allowed. There are at least half-hour rest breaks for five hours work. The Road Transport Ordinance of 1961 has added more conditions of employment to workers engaged in road transport; They were supplemented by the Road Transport Code of 1962. It has provisions for labor age, labor-time and rest, vacation and other conditions of employment. According to this ordinance, if a person other than a car driver can reach the age of eighteen years, only one can be employed in road transport and the minimum age for the driver is fixed at 21 years. The Merchant Shipping Ordinance of 1983 and the Internal Shipments Act of 1992 (Employment Regulation), there are provisions for job conditions employed by workers engaged in shipping.
According to Section 6 of the Railway Act of 1890, the railway workers are divided into two classes; Namely uninterrupted and essentially intermittent. The workers of the first class will be employed for eight hours daily in any week, and have a minimum of 24 hours leave allowance for the week. Extra labor hours will get a normal rate of 125% wage.
There is no special law for the air transport workers. Their employment was regulated by the Employment Recruitment (Standing Orders) Act of 1965 and according to which the rules of employment were enacted.
Leave
Under the weekly holiday law of 1942, there is a weekly one-day holiday (except for those who are employed in any secret work or management) with the salary of any person employed in any shop, restaurant or theater. The government has the power to allow leave with additional half day pay in the week. According to the factory law of 1965, the employees employed in the factory after working for one year, with a full adult salary ten nights a day and the children get fourteen days leave. Mine workers are not entitled to annual leave.
Plant workers enjoy the lowest annual holiday. A full grown worker gets a day off after 30 days of work. Young workers get 1 day leave after 20 days of work. Plant workers get festival holidays only for 5 days a year. They get 15 days of sick leave for half-pay. No casual leave is allowed with the salary. Road transport workers enjoy annual leave one day after 22 days of work. They can enjoy 10 days casual leave and 14 days of sick leave per year. There is no provision of festival holidays in the Road Transport Workers' Ordinance of 1961.
Employees at the newspaper suffer from adequate holiday opportunities. At the time spent in duty, they have received a full-time leave for one part of the eleven-a-half-year period, getting medical leave on half-an-hour and at least ten days casual leave for at least eight percent of the duties.
Under the Shops and Establishment Act of 1965, the eligibility for the annual leave along with the salary is: For every adult person, one day for every 18 days of work, one day for every 14-day work in the case of a teenager and it will be determined on the basis of his work in the last 12 months. In addition to this, there are annual 10 days casual leave and 14 days of sick leave.
Industrial relations
The Industrial Relations Ordinance of 1969 and the Industrial Relations Regulation Act, 1977, constitutes regulations for the formation of trade unions and the relationship between the employers and the employees. During the issuance of this Ordinance, there were three separate laws governing the relations of employees and employers in this country, namely, East Pakistan Trade Union Act of 1965, which has provisions for the formation and functioning of trade unions; The East Pakistan Labor Disputes Act of 1965, which provides for the investigation and settlement of labor disputesAnd the employment of the East Pakistan Workers (Permanent Order) Act of 1965.Under the Act, there are provisions to regulate the conditions of service of employees working in shops, commercial and industrial establishments. The first two of these laws were canceled by the Ordinance of 1969. This Ordinance has different modes of settlement of industrial disputes defined in the Act of 1965. The verdict of the labor court is of great importance because of the involvement of public interest in settling industrial disputes. Labor settlement plays an important role in the field of peace keeping in the field of labor management problems. Therefore, the court is confident of both the employer and the employee.
The development of justice system was conceptual. It was introduced through the Trade Discrimination Act of 1929. It helps investigate and settle trade disputes and other related matters. An inquiry-court is formed with an independent chairman appointed by the appropriate authority and one or more people. In order to overcome some of the problems of law in 1929, in order to settle disputes between employers and their employees, some provisions were included in the Defense of India Act of 1939. The process continued till 31 March 1947, until the expiry of the earlier rules. The industrial dispute law of 1947 came into force on 1 April that year. This Act introduced the Government of India's Industrial Tribunal system. For the first time, it established a full-fledged industrial tribunal for the disposal of industrial disputes. Then the East Pakistan Labor Disputes Act was declared in 1965 and it came into effect from September 1, 1965. Like the Industrial Disputes Ordinance of 1959, this law introduces the process of appeal and appeals against the verdict of Labor Court to appeal to the Labor Appellate Court by the aggrieved party.
According to one provision of the Employment Recruitment (Standing Orders) Act of 1965, there is a chance to present the complaints to the workers. According to this provision, there is a chance to introduce a worker's employment or work conditions and environmental issues or if there is a complaint of felony in those cases. As a result, the jurisdiction of the trial courts and the jurisdiction of investigating the allegations of special workers against their own rights has been expanded under the provisions of the trial power and above rule. Under this Act, illegal abuses, exemptions, pruning, dismissal of employment or forced removal of labor union and violation of any rights covered under the Act. The labor court has been given the jurisdiction to provide effective remedies to the owners if they do any wrongdoing on the workers.
In the beginning of 1969, the military government of Pakistan thinks of the change in the practice of change of labor policy and the introduction of new ideas in the light of the changed industrial-civilization and culture. The Industrial Relations Ordinance 1969 was announced in November 1969 in order to control the relationship between employers and employees, to avoid the conflict of the industrial dispute and to establish laws for settlement and the formation and registration of trade unions. However, in October 1970, there was ample amendment to this ordinance.
The Industrial Relations Ordinance of 1969 is regarded as the Constitution of the Industrial Court. There is a chairman in the court and two members to advise him. The members represent an employer and other employees. The Labor Court acts as a civil court and a criminal court and executes the offenses punishable under labor law. Moreover, the Industrial Relations Ordinance of 1969 also provides for the formation of the Labor Appellate Tribunal for consideration of appeals against the ruling of the Labor Court.
Terms of service
Laws related to long-term policy for the sake of economic stability and development is a relatively new concept in labor law. Regarding the rules for appointment of employees employed in shops, industrial establishments or commercial establishments, there was no legal control. The Industrial Recruitment (Standing Orders) Act of 1946 became effective for the first time when the provision of the terms of appointment to comply with the statutory provisions enacted in this Act was made compulsory for the appointment of 100 or more employees in an industrial establishment. The Merchant Shipping Act of 1923 introduced the agreement between the workers and the owner in accordance with the terms of service. The law was changed through the merchant shipping ordinance of 1983. The Industrial and Commercial Appointments (Standing Orders) Ordinance, which came into effect in 1960, replaced the Industrial Recruitment (Standing Orders) Act of 1946. This Act was also changed by the appointment of the Labor of 1965 (Standing Orders) Act. This includes the provision of the job conditions of workers, rights of workers and employees, and on the other, to define and ensure the rights of the employer. In this law, the employee's misconduct has been defined and the employer has the right to lay off, dismiss, terminate, terminate or terminate employment. In any event the employer can close his organization. Under this law, there is an opportunity for employee remedies against illegal dismissal or termination of employment, against any harmful actions of the employer.
Wage
The Indian government constituted a search committee in 1926 to ensure the waiver of industrial workers' wages. In view of the report and recommendation of the research committee, the Royal Commission on Labor established in 1929 recommends enacting legislation to prevent irregularities in providing wages. In 1936, the wage payment was announced. The aim of this Act was to ensure that the workers' full wages should be paid in the first place and without any other type of cut, the workers get full wages. This Act was passed to regulate the wage payment of certain class employees engaged in industrial factories. The main objective of this act was to provide easy and quick remedies for employees and to earn their wages. A special tribunal was formed for that purpose; But due to some inherent error of the law, it is difficult to obtain legal wages.
The wage payment act of 1936 became effective during the Pakistan rule and then in independent Bangladesh. However, the Wage Payment (Amendment) Act of 1980 (Act No. 26 of 1980) brought amendment to this law. The law is amended by the enforcement of wages, irrespective of the employment of employees. The suit under the law is included in the jurisdiction of the chairman of the Labor Court and the provision of appeal to the Labor Appellate Tribunal instead of the High Court Division is made. The salary provider is held responsible for the complainant's complaint.
Where there is no arrangement for joint bargain, minimum wage board was formed under the minimum wage ordinance of 1961 for fixing the minimum wage. This board announces minimum wages for the employees of certain factories; But the board does not have the mandate to declare the national minimum wage. Through the joint agreement, wages are set in almost all cases. Under the Merchant Shipping Ordinance of 1983, the sailors' wages were determined by the agreement with sailors.
Social Security
There are statutory provisions for two uncertain possibilities, such as job losses and childbirth. Responsibility of the employer in both cases is completely employed. In the case of all the railway and other class employees, whose monthly wage is not above 400 rupees, the Compensation Act of 1923 was enforced as first instance. They include factories, mines, cultivation, baggage or discharges, construction workers, employed repair vehicles. In 1980, the amendment to the wages was removed by amending the law. Apart from this, the 1923 Act also provides a list of compensation payable professional disabilities.
The Employer's Responsibility Act, 1938, was announced that if a victim is injured in the case of an accident, the general recruitment theory and the probable risks could not be raised in case of compensation for compensation. Under the Maternity Benefit Act of 1939, the Maternity Benefit Act (Tea Garden) Act of 1939, Under the Maternity Benefit Act of the Mines Act of 1941 and women employees in the subdivision created under these laws, they are eligible for maternity benefits, but in reality, they are 6 weeks before childbirth and After 6 weeks of vacationHave lived.Employees' rights were compulsory on the company's profits by making the Company's profit-sharing partnership act 1968. Companies which employ 100 employees or the company's paid-up capital of Rs 50 lakh, or those whose fixed assets are worth more than one crore rupees (payable less than 9000 rupees monthly, regardless of the title or work, is considered as a worker under this law) Under the law. In accordance with the provisions of this Act amended in 1985, fund for the welfare of the workers has been formed in the name of the company, funding fund and welfare fund, two funds have been formed.
Factories Act 1965 prohibits the recruitment of women workers for the cleaning or oiling of any running equipment and the factories which are engaged in yarn manufacturing. The government has enacted necessary regulations by prohibiting recruitment of women in the activities which are likely to cause serious physical injury, poisoning or disease. The government has been empowered to make rules for banning the employment of women or controlling the employment of women in the field of mining in the mines act of 1923, where there is risk of life, safety or women's health.
According to the Children (Labor Recruitment) Act of 1933, employing children under the age of 15 will be considered canceled. According to this law, both of them will be found guilty if they contract a parent or guardian and employer.
.Women workers
Under the 1965 FACTORY Act, labor-time provision applies to both men and women. Under the Mining Act of 1923, the condition of women workers is restricted to 9-hour limit on condition that there is no special rebate on labor-hours of women workers. This work-period is ten hours daily for work at the top of the mine and 54 hours in the week; For underground workers, there is limited to 9 hours daily. However, under the provisions of this Act, the recruitment of women underground has been stopped. However, the fact that the factory has provided condition that no woman can work outside 6 am to 7 pm. Factories of any grade can extend this deadline from 5 am to 7:30 pm and expand it within 13 hours. According to the Mining Act of 1923, women's work was prohibited from 7am to 6am in the above ground or underground. According to the Factories Act, 1965, there are provisions for the protection of women living in women under 6 years of work in any factory engaged in more than 50 women workers. In the Mining Act of 1923 and Mines' Crisis Rules of 1946, women working in the mines have provisions for 'child care' for the child's care.
Young workers
Factory Act of 1965 determines the minimum age of recruitment in children's factory for 12 years. No child will be allowed to work in the factory unless it is physically fit and according to the law, 16 to 18 years old children will be treated as children if they are physically fit. Child recruitment is prohibited under the employment of children in transportation of passenger transport, rail transport goods or postal services, or in any profession related to freight transit within the range of a port. Besides, the employment of children under 12 years of age is prohibited for the construction of beady, carpet weaving, cement production, printing, dyeing and explosive producing workshops and stone cutting and breaking.
Under the Mining Act of 1923, children under the age of 15 years of age are permitted to work in a mine labor or above. Depending on the physical eligibility criteria, 15 to 17 year old child recruitment depends on the ground. Under such conditions, a person under 17 years of age can be recruited on condition that they will have a rest break in the 12 hours work, and the work hours will be 7 hours a day from 7.00am to 7 hours.
No recruitment of children under the age of 12 under this Act for the appointment of shops and establishments in the shops and establishments act of 1965 will not be included in this Act. According to the Merchant Shipping Act of 1983, the minimum age of recruitment in the sea was fixed at 14 years. Any young person between the age of 14 to 18 years of age can be recruited only when he is physically declared eligible. Under the Factories Act 1965, prohibiting the employment of children under the age of 15 years to clean or oil any of the factories of the factory. Apart from this, the government has the power to create rules for prohibiting workers from the risk of serious physical injury, poisoning or disease, or restriction on restrictions. A person under the age of 18 can not be employed to clean the coal container or the engine or to engine oil in the factory's furnace. However, people who are over 16 years old in coastal shipping can be appointed.
Export processing area
There are several separate labor laws for newly established specialized commercial areas. There are many workers employed in various industrial establishments outside the labor law. The Export Processing Zones Authority Act of 1980 has been empowered by the government to prohibit the implementation of certain laws in any of these areas. Because the Labor Recruitment (Standing Orders) Act is ineffective in these areas, the authority formed under this Act has declared two guidelines for the conditions of the job and the wages of the workers. However, these laws are not effective in any court.