BANGLADESH GAZETTE 2015 PDF
Bangladesh Gazette, additional issue, September 24, .. that clause, National Plan for Disaster Management formulated. MINISTRY TOTAL. 2. 6. MINISTRY OF FOOD. 7. Bangladesh Gazette, Extra, September 15, Registered No. D A-1 Bangladesh Gazette Additional Copy Published by authorities Tuesday, September.
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File:বাংলাদেশ গেজেট, অতিরিক্ত, ডিসেম্বর ১৫, ২০১৫ (৩৬৯).pdf Date, 15 December This file is a copyrighted work of the Government of Bangladesh. (i) any matter which has been published in any official Gazette except. Pay Scale (Civil) Pay Sca. Pay Scale (Border Guard Bangladesh, BGB) Pay Scale (Bangladesh Judicial Service). records Vol April 11, · These Gazettes are published in the 2nd week of April · April 11, · These Gazettes are published in April
Explanation - in order to fulfill the purposes of this Rule: In addition, persons or institutes announced from time to time as per Form- 30 by the government shall also be included in this definition. However, the instruments that are used Feed Pump, Steam Pump, Turbine Canning, Compressor Cylinder, Bulb, Air Vessel or Pump, Pipe Foil of general sampling, cylinder, Interking Guard and rills, with less than square meters of capacity and gas holders having slightly high pressure from normal air pressure, vessels of liquid materials and Hydraulic Operating Cylinders without air-filled accumulators shall not be included in this definition.
In addition, the passage way cannot be slippery. However, if the weights have to be carried above, the aforesaid amount must be less as per the order of the Inspector, which would never be more than 40 kilograms in case of adult male workers and 25 kilograms in case of adult female workers. Bangladesh Gazette, Extra, September 15, 4 As per weight limit mentioned in Sub-section 1 , the wage for the male worker who carries 50 kgs of weights and the wage for the female worker who carries 30 kgs of weights shall be equal, irrespective of the way he or she is employed.
There has to be prohibition of smoking and usage of the source of ignition such as- candle, match, gas lighter etc. In addition, the concerned institute must write and notify precautionary statements in easily understandable Bengali language in noticeable places in cases where the possibility of fire accidents is high. In addition, personal safety equipments must be preserved in accordance with Information Form Manufacturing electrical accumulator or repairing the same; 4.
Sharpening metals or making it shiny; 6. Making compounds of lead or working with leads or repairing the same; 7. Producing gas from hazardous petroleum; 8. Cleaning or smoothening materials with Air Compressor or steams or haphazard products; 9. Liming and tanning raw hides and the activities related therewith; Storing bundles of goods that weigh more than 50 kgs, adorning them or carrying them to any ship or other forms of transport; Producing cellulose solution, using or storing the same; Producing chromic acid or sodium bi-chromate or potassium bi-chromate or ammonium bi-chromate and reclaiming the same; Performing works with lead in printing house or type foundry; Producing compressed hydrogen or compressed oxygen; Producing ceramic goods or potteries; Producing rayon through alkali metals; Processing of plastic or polythene goods; Breaking old ships and working in places that have the possibility of storing toxic gas, for example: Producing chemical fertilizers or chemical substances; Breaking or crushing bricks, hard-rocks with machineries; Working in places that are at least 3 meter high above the ground or at least 2 meter deep below the ground; Working in electrical wiring or electricity conductive lines; Working in brick furnace; Melting metallic substances in high temperatures and converting, cutting and pairing the same; Manufacturing environment where the sound level is more than 80 decibels; Grinding hard-rocks or stones that are used in power press without hydraulic press and metal trade; Working with cutter machines; Working with circular saws; Working with plate printing machine and Fishing in deep sea.
This is to notify that Inspector General can declare the activities that are unfit for female workers and pregnant women. The Inspector shall rapidly send the worker to District Civil Surgeon for further investigation. Thereafter, the Inspector shall send a letter to the Owner of the institute for taking necessary steps in this regard. Right after the happening, the Chief Representative of the institute must notify the following persons or institutes through telephone, fax, email or special messenger: If the Notice is submitted with the help of special messenger, the Notice should follow the description of the Form At this, the concerned institute must notify about the accident in accordance with Form to the concerned authorities mentioned in Clause a , b and c of Sub-section 1 of Rule 69, within 7 days of the happening.
The authority would also accurately record the steps taken by the institute in relevant Register. Bangladesh Gazette, Extra, September 15, 2 After being r and sea ports and for breaking buildings, bridges and other types of constructions.
The concerned institute must obey the regulations mentioned in Schedule-3 regarding the occupational safety and health related issues of the workers who are employed for loading and unloading of goods and materials in business compounds, vehicles, ships, rive Chapter Eight Welfare Arrangements 76 Equipments of Primary Aid: The box or cupboard must be marked with Red Crescent or Cross symbol.
In addition, there shall be additional equipments as per the description of sub-section 2, 3 and 4 mentioned below, basing on the number of workers or employees. In addition, the relevant materials have to be replaced one month before the expiry of them.
Bangladesh Gazette, Extra, September 15, 2 The medical room must be separate from all other parts of the institute as much as possible and it must lie far off the sections of the institute that produces high level of sound and noise. The walls thereof shall be impervious and 1.
It must have adequate air ventilation facilities and it should have natural light and artificial facilities of illumination. It must have at least following furniture and equipments: However, minimum 6 beds must be in each Health Center. Side by side, at least 3. However, informing the General Inspector, the Owner can relax the floor area in emergency period.
Bangladesh Gazette, Extra, September 15, 7 Annual Returns related with the administration of Health Center must be sent in accordance with Form i and Section 2 b. However, if the number of employees exceeds , one additional Welfare Officer must be recruited for every additional fraction. In case of termination from the post, the vacancy must be filled up as soon as possible.
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On the other hand, the Owner of the factory or Managing Director of the industry unit shall nominate their representative for the committee.
In addition, Vice President and the Representative on behalf of the workers shall be nominated through joint bargaining or Collective Bargaining Agent CBA or by the representatives of the workers. Bangladesh Gazette, Extra, September 15, 7 The ratio of the members in the Safety Committee shall be determined by the number of employees in following ways: Within 15 fifteen days of this type of nomination, the President shall call the first meeting of the Safety Committee, having discussion with the Vice-President and other members.
The term of Safety Committee shall last for 2 two years after holding the first meeting. The factory or industry unit or group of institutes, where less than 50 fifty employees work, can follow this Code in order to ensure occupational health and safety. Safety Committee shall fulfill the duties and responsibilities mentioned in Schedule Bangladesh Gazette, Extra, September 15, 86 Cleaning and washing facility: These facilities must remain easily reachable, clean and orderly.
However, the previous washing facilities as per previous rule shall remain effective in this regard. Tap after minimum 0. Wash basin with tap attached; iii. Tap upon the straight tube; iv. Tap controlled shower or fountain v. In addition, pipe and flash system must be added therewith. Bangladesh Gazette, Extra, September 15, 6 One tap must be installed for every 15 fifteen workers who are to touch or handle hazardous and poisonous materials. The floor and internal wall up to 1. Bangladesh Gazette, Extra, September 15, 7 The prescribed facilities must be kept operative by the canteen committee.
However, arrangement of partitions or curtains can be made in cases where having separate rooms is impossible. It has to be maintained following the rules of hygiene. Additionally, the area attached thereby has to be kept clean and healthy. The waste water should not be kept inhibited as it may create uncomfortable situations. Bangladesh Gazette, Extra, September 15, 3 Furniture, utensils and other instruments have to be kept clean and the same has to maintained in hygienic way.
The quality and price of the supplied food items shall be fixed and approved by the Management Committee. Canteen Committee shall prioritize the quality and nutritious value in selecting the food items. The number of representatives shall be equal from both parties. In the absence of trade union organizations, the participating committee shall nominate the Worker Representatives. Effective drainage system must be added with the floor. It should always be kept neat and clean.
If it seems to be feasible, at least 5 five liters of water per child should be supplied through taps. As per Schedule- 5, different facilities including recreation, education, treatment, shelter and other daily necessities have to be ensured in the tea gardens. However, the medical expenses meant for media workers-employees shall not exceed 2 two lac taka and the medical expenses meant for the dependants thereon shall not be more than 1 one lac taka.
Bangladesh Gazette, Extra, September 15, 3 In cases where the treatment facilities provided by the Owners of print and electronic media are not sufficient, the worker-employee, having approval from the Owner, can have treatment facilities in any hospital located in the country on the costs of the Owner. The premium amount cannot be deducted from the wages of the workers.
Irrespective of whatever is there in other rules and regulations, the daily working hours of all adult workers shall be 8 eight hours, excluding the time for having meals and the break period. However, as per the regulation of Section , the workers can be made to work for maximum 10 hours on the condition of giving remuneration for overtime hours. Bangladesh Gazette, Extra, September 15, Furthermore, if there are more favorable agreements or traditions for the workers regarding the working hours, overtime duty and overtime allowance, the agreements or the traditions shall remain effective.
However, in order to materialize the purposes mentioned in Section d , the Owner cannot deduct the wages of the workers for giving this type of rest.
As per the regulations of Section and , weekly leave of any factory or institute shall be considered as weekly holiday of it. However, the Inspector General can issue gazettes notifying about region-wise holiday of the institute or the factory for the benefit of mass people. However, if there is a need for bringing change in the leave notice, the change has to be brought before at least 3 three days of that leave. The Register has to be preserved for 3 three years after the last entry.
The Owner shall arrange vehicles for the workers or bear the actual costs of transport in order to shift them to another workplace. As per the regulations of Section and , the worker can take the Casual and Sick leave before or after the weekly leave or occasional leave. In that case, the weekly or occasional leave shall not be considered as Casual leave. However, if the weekly or festival leave falls into the Casual of Sick leave, the leave shall be included in the original leave.
Bangladesh Gazette, Extra, September 15, Annual leave with wage facility: However, more than the half of the Earned leave cannot be cashed out at the end of the year. This type of cashing can be done only once in a year. Chapter Ten Wage and its Payment Wage and keeping records of it: However, the signature of the workers must be taken in the printed copy along with using revenue stamp while paying the wages.
The Owner shall provide the wage slip to them. In this case, the authority shall provide necessary help and support to female workers about opening of bank accounts and running the same. Bangladesh Gazette, Extra, September 15, However, each festival bonus shall not be more than the basic wage amount.
This amount of money shall be considered as extra. In addition, the time and method of paying their wages must be mentioned in the Notice. Bangladesh Gazette, Extra, September 15, 3 If there is a need to change the notified dates, a Re-notice has to be issued as soon as possible, mentioning the reasons of changing the Notice and the changed dates. However, this change must be brought at least 3 three days before the specified dates and it shall not exceed the duration fixed by law.
In case of the decisions taken without unanimous accord, the aggrieved party can apply to Labor Court within the 6 six months of declaring the disputed decision. Daily wage amount has to calculated by dividing the basic wage, allowance and ad-hoc or interim wages if any by 30 thirty and the worker has to be informed about the issue of deduction. No installment shall exceed one-third of wage amount.
Bangladesh Gazette, Extra, September 15, 3 All advance amounts and realization of them shall be kept preserved in Registers in accordance with Form In addition, the government would also seek nomination from highest representative owner associations, trade union federations or highest representative unions in the absence of federations in order to implement Sub- section 3.
Bangladesh Gazette, Extra, September 15, Provided that, if there is no registered union in case of nominating the Representative of any industry, the Director of Labor shall seek nomination from the organization of national federations, which has involvement with the industry. However, if no involvement is found, the government shall nominate those persons who can individually represent the workers and the industry owner.
The time and place of the meeting shall be determined by the Chairperson. However, a neutral person can preside over the meeting in the absence of the Chairperson.
Provided that the progress of the activities of the board shall not be impeded if any Member remains absent from the subsequent meetings and the activities of the board shall not be discarded if a Member cannot attend the meeting.
However, no recommendation shall be discarded only for delay. All Members, except the Chairperson, shall receive allowance in the prescribed rate determined by the government, for attending the meetings. The government can recruit a Secretary and other employees if needed: If there is equal number of votes of both parties regarding an issue, the Chairperson can have a Casting Vote in order to settle the issue: Bangladesh Gazette, Extra, September 15, 2 Votes shall be counted with raising hands.
Chairperson shall determine the method of recording it. One copy of Meeting Minute has to be sent to the Members as soon as the meeting is finished. After conducting investigations and submitting recommendations, the board can order similar types of committees to assist the board in ascertaining minimum wage rate of any locality or any class of industry workers.
In order to conduct the investigation procedures lawfully, the Chairperson of the board shall enjoy the power detailed in Code of Civil Procedures- Act No- 05 of , including forcing the concerned parties and witnesses to be present along with necessary documents and deeds. In order to implement the purposes of law, the Chairperson or a Member of the board or an Advisor, a Specialist or Official of the board authorized by the Chairperson: Bangladesh Gazette, Extra, September 15, b can investigate any Register or other documents and have testimony of any person in field level.
Chapter Twelve Compensation for Injuries of the Workers due to Accidents Review of monthly wage rate payable as compensation due to temporary disability: As per Section , the application of reviewing monthly compensation money can be submitted to the Labor Court without Medical Certificate under following cases: Bangladesh Gazette, Extra, September 15, c The Owner has stopped providing compensation money to the worker though physical condition of the worker has not improved.
In both cases, the court shall provide an acknowledgement receipt in accordance with Form to the payer. The Labor Court shall publish a list of deposited compensation money in accordance with Section 1. In addition, the application has to be submitted in accordance with Form, 48 a or 48 b in applicable cases.
The Notice shall also mention the date on which the dependants or heirs shall appear before the court. Bangladesh Gazette, Extra, September 15, Transfer of undisbursed money and investment: As per Section 1 , the Owner is obliged to submit any report under Section or any statement regarding fatal accidents to the Labor Court, in compliance with Form Bangladesh Gazette, Extra, September 15, Health test after temporary suspension of the right of receiving compensation: If the worker, whose right of compensation has been temporarily suspended under Sub-section 5 or 6 of Section , applies for conducting health test immediately, the Owner shall take necessary steps for conducting fitness test of the worker within three days of receiving the application.
Unless there is anything repugnant in this law, the Labor Court shall conduct its activities as per Section 26 and Schedule-6, in order to dispose compensation suits. As per Section 1 , the Memorandum of Agreement, unless otherwise directed by the Labor Court, has to be prepared in two copies. In addition, the memorandum has to be made in pursuance of Form, 50 a or 50 b as much as possible. In addition, although there is no party present, which is willing for recording it, the court shall inform the party in accordance with Form a about its decisions.
Bangladesh Gazette, Extra, September 15, 5 As per Sub-section 4 , if the present parties can argue with sufficient proofs in favor of recording the memorandum, the Labor Court shall record it, informing all the parties involved. While recording the memorandum, the Labor Court shall preserve it in a register as per Form The court shall provide a copy of it to the concerned parties by recording it in the following way along with its signature attached therein.
In addition, it shall preserve a copy of the memorandum for future reference. If whole of the compensation money or part thereof is deposited in Labor Court for the welfare of the person staying outside or willing to stay outside, the Labor Court shall issue orders for sending the money to the respective country after conducting necessary investigation. Bangladesh Gazette, Extra, September 15, Memorandum for sending money: As per Section and , if the Labor Court issues order to send money, the court itself shall prepare a brief description of the suit.
In addition, it shall record issuance of the order and name and address of the persons to whom the money would be sent and at last, it will sign the memorandum.
If the Labor Court itself is not entitled authority, it shall send two copies of the memorandum mentioned in Section to the entitled authority. The court can transfer the money to the authority or it can transfer the money as per the order of the authority. However, if the Labor Court itself is entitled authority, it shall take steps in accordance with Section The entitled authority shall send the money received by it or parts thereof to the Labor Court in order for disbursing the same at its discretion.
The money received from the transferor authority has to be disbursed according to applicable laws and the regulations of this Code as much as possible. However, if the transferor authority issues special orders regarding disbursement of the money, the court shall comply with that order. In order to fulfill the purposes of this Chapter: The accounts of Welfare Fund shall be preserved by the Labor Court according to Form and the same shall be subject to periodical audit and inspection.
Bangladesh Gazette, Extra, September 15, 2 The data about fund related activities and accounts thereof shall be included in the report that is to be submitted to the government every year, detailing about the steps taken by Labor Court as per the description of this chapter. In accordance with this Code, if any authority transfers money to another authority, the transferor authority shall bear the cost related with the transfer.
Minimum four hundred workers, being united, can form Union in accordance with this law. Bangladesh Gazette, Extra, September 15, 7 The activities from the start of registration application to providing registration can be performed online through using computer.
However, printed copy of all activities has to be preserved for future reference. However, the Members of Executive Committee can be selected by following partial condition of Section applicable in respect of state-owned industry sector. Bangladesh Gazette, Extra, September 15, 2 Under clause a of section each trade union federation has to keep the received finance account in the register as per form b.
Registration fee- 1 registration fee of the trade union organization will be as follow which to deposited in the government treasury through treasury challan, namely: Type of trade union organizations Registration Fee 1. Name or address change- 1 if any trade union changes its name and office address, the trade Union president and general secretary will apply to the Director of Labor to record that within 15 fifteen days of change.
Audit- Final account of trade union, federation or confederation to be audited by recognized Chartered Accountant as per Bangladesh Chartered Accounts Order, P.
Annual returns submission- 1 the annual return for each calendar year as per section 1 will be submitted to Labor Director within or before April 30 in the next year as per consequently form a and 61 D , 61 b and 61 d and 61 c and 61 d by trade union, the Federation of Trade Unions and the Confederation, and the Labor Director or entitled officer by recording the received annual return will notify the decision.
Bangladesh Gazette, Extra, September 15, 2 If the trade union does not submit returns for consecutive two times and Trade Federation or confederation of unions for three times, then the Labor Director or entitled officer will instruct to submit the returns within 30 days and if fails to comply with such order, Labor Director or entitled officer will apply to the Labor Court demanding cancellation of registration of the trade Union or federation or confederation of trade unions.
Collective bargaining agent selection- 1 According to section sub- section 2 all unions take action for election of collective bargaining agent CBA by selecting election commissioner within not more than 15 days of the expiration of the period of the collective bargaining agent CBA.
Bangladesh Gazette, Extra, September 15, 3 If the presiding officer does not become satisfied about voter ID of the voter, then he may refuse to allow him to vote by secret ballot and in this regard his decision will be final.
Nominate a representative- Each competitor can nominate maximum one person as the representative to be present during vote by secret ballot in each polling booth by applying in written to the presiding officer of every trade union polling center. Result announcement- 1 Under section 15 d , the presiding officer himself will be sign results of the concerned center at the end of counting votes, and will ensure the signatures of representatives present therein.
The Collective Bargaining Agent CBA office allotment- 1 the owner will allot an office room for the Collective Bargaining Agent CBA according to the organization's infrastructure and at the site in conformity with ventilation and facility of movement of workers inside and outside the organization.
Formation of participating committee- 1 the owner of each company, where at least fifty permanent workers work, will form a participating committee within 3 months of starting operations. Bangladesh Gazette, Extra, September 15, 3 The number of workers participating in the committee will be determined as mentioned proportional rate of workers in the factory or organization mentioned in the table, namely: Nomination of representative in participation Committee by collective bargain agent and trade unions- 1 in accordance with section 5 to send representatives of workers in the participating committee the current registered trade unions will submit the names and details of the representatives to the owner as per form by receiving the request from him within 10 ten days.
Provided that, if there is female worker in any class, branch or division of the organization, nomination of women workers in the participating committee will be given priority. Nomination of owner representatives in the participating committee- 1 Usually the chief executive or chief of the division or branch or welfare officer will be the representative of the owner on behalf of the organization, and where there is no such division or branch, acting officer of department or branch or welfare officer will be representative of the owner on behalf of the organization.
Name announcing of the sent representatives to the participating committee- 1 the owner will form participating committee through notice within 7 seven days of receive nominations from the collective bargain agent and trade union, and the notice will be displayed on the notice boards, and copy will be sent to other trade unions and Labor Director along with the collective bargain agent: Provided that, for job termination by retirement, dismissal, or voluntary leave, or inability due to not performing the duty for physical or mental default, or convicted of or involving moral turpitude, if any representative in the participating committee nominated by collective bargaining agent or trade union, the post of that representative of the committee will be vacant.
If there is no trade union in the organization, the election procedure of worker representatives in participating committee by informing the labor director- 1 where there is no trade union or collective bargaining agent CBA in that case the organization will help in the election of worker representative of participating committee by secret ballot by informing the labor director.
Election Conduction Committee- 1 the owner will form an Election Conduction Committee of 3 three to 5 five members from the employer and the worker for conducting the election not less than thirty 30 days prior to the election, and will send a copy thereof to the Director of Labor.
Provided that, opportunity of nomination paper submission to be given within not more than 7 days of notification, and election will be completed within 15 working days after the finalization of the candidacy. Bangladesh Gazette, Extra, September 15, Qualification of the candidates for being elected representative in the participating committee- 1 any adult workers, whose job duration is not less than six months in the organization can be a candidate held by secret ballot to represent the participating committee: Provided that, if the age of an organization is less than one year the job duration of the candidates will not apply in the election.
The voter eligibility- 1 All workers who are employed by an organization at least 3 three months excluding temporary, replacement, trainee, seasonal workers and workers employed be the contractor, can vote representative election of the worker in participating committee.
Ii A copy of the voter list will be displayed in both public notice board and the open places of the organization, and a copy of the voter list to be sent to the labor director or registrar of Trade Unions.
Nomination- 1 any voter can propose or support the name one voter for electing the representative in the participating committee. Selection- 1 the candidate himself or his proposer or any other person authorized by him can be present during nomination selection. Bangladesh Gazette, Extra, September 15, 3 The Committee may cancel any nomination if satisfied with: A The candidate is unfit to be representative of the workers according to the law or the rules; or B Disobey any of the rules of the concerned regulation in the case of submission of nomination papers.
Voting in election- 1 if the number of the candidates, whose nomination papers are accepted as valid, is equal to the number of representatives to be elected, in that case all candidates will be declared elected by the election committee through notification.
Officers of participating committee- 1 the owner or his authorized person will be Chairman of the participating Committee, and will preside over the meetings of participating Committee.
Bangladesh gazettes new pay scale for public servants
Notice and minute of the meeting- 1 notice of a meeting participating committee to be issued by giving seven days, but 24 hours notice will be issued in the event of an emergency meeting. Bangladesh Gazette, Extra, September 15, 2 all copies of reports and minutes of meetings of participating committee to be sent to the organization's chief executive officer, duty officer, collective bargaining agent, each union having representatives in the committee and Director of Labor for the implementation of the decisions.
Quorum of the meeting- two-thirds of the members present at the meeting will make a quorum of the meeting. Duration of activity- 1 duration of activity will be for a period of 2 two years from the date of formation of the participating committee. Vacancy- 1 if any member be absent in three consecutive meetings without the prior permission of the Chairman, his membership in the Committee will be cancelled.
Facilities of the meetings- the owner will provide all necessary facilities for the management and the work of committee meeting. Formation of units participating committee- 1 if participating committee is formed in any organization, that committee can recommend to the owner to separate committees in any branch, department or region of the organization which consist of at least fifty workers.
Bangladesh Gazette, Extra, September 15, 3 Provisions applicable for formation of committee and management of the participating committee of the organization will be applicable for formation of committee and management of the participating committee of the unit. Implementation of decisions or recommendations of the participating committee- 1 after receiving the recommendation or decision of each meeting of the committee the owner or the authority take the initiative for implementation and execution of that decisions or recommendations urgently, and the owner or the authority will inform the progress of implementation of the decisions or recommendations of the previous meeting in the next meeting of the participating committee.
Avoiding some actions- any trade union, trade union federation or confederation, the collective bargaining agent, participating committee or any member thereof will avoid the following actions: Disposal execution- disposal paper will be signed in accordance with Form - 65 to fill up the purposes of section 3 and of 8. Arrangement of secret vote for a strike notice- 1 collective Will request the arbitrator in written for arranging secret vote for the purpose of providing notice of strike within 7 seven day of receiving the certificate of the failure according to Article 1.
Filing case in labor court or appeal tribunal- 1 in accordance with article 33 3 any complaint will be filed as per form Bangladesh Gazette, Extra, September 15, 5 In case of other offenses inspector general or labor director or controller of provident fund or board of directors or any authority or his authorized officer will legally apply in white paper.
Nomination of member labor court- 1 in accordance with article 7 in purposes of appointment of a member for the labor court government, owners and workers will call the representatives from the owners and workers of organizations at the national level who are fit and experienced in labor laws. Resignation by a member- 1 any member of the Labour Court can resign from the post by written resignation letter to the Chairman. Elimination of a member- Government can eliminate a member of the labor court by notification in the official gazette, if he- A loses the character of representation; B is sentenced for any offense punishable under the law or moral offenses; C fails to provide a written opinion in any case after being requested by the Chairman of the Labor Court; D is adjudged bankrupt; or E was absent in three consecutive meeting of that Labor Court where he is a member, without informing the chairman.
Filling up the vacant post of the member- 1 in case of vacancy due to death or resignation, the Government will fill up the vacant post within 1 one month by that process, which process was used to form the main panel.
Informing for absence- any member of the labor court may be absent for 6 six months in the proceedings of court by informing the chairman. Allowance- any member of the labor court will be paid daily allowance determined by the Government to participate in court proceedings. Chapter Fifteen Workers taking part in the company's profits Formation of central fund integrating the buyer and owner in hundred percent export oriented industrial sector. Fund management and office.
But provided that, until the Board appoints a Secretary, any Government official may act as temporary secretary. Bangladesh Gazette, Extra, September 15, 4 There will be required personnel under secretary for management of the fund, who will maintain accounts of income and expenditure of the fund. Sources of the fund. Eligibility for getting benefits from the fund and use of money. Bangladesh Gazette, Extra, September 15, 3 2 two accounts will be opened under the Central Fund of which one is beneficiaries welfare account and the other is emergency accounts.
Bangladesh Gazette, Extra, September 15, 8 Grants will be given from the emergency account in case of the followings, namely: A As per section 28 a the transfer or permanently close any factory or establishment, the whole or partial payment of owed money to the beneficiaries by the Board in accordance with Rule 3: Provided that, the Board will pay the payment by verifying the owner's inability; B Payment of annual premiums of group insurance for the beneficiaries: Provided that, under Rule 98, compulsory insurance is in which institutions, that cannot be suspended until the fund established under this rule is not fully active; and C Introduction of health insurance scheme for the beneficiaries to ensure the health measures.
Investment of the fund money. Procedure of collecting the fund money. Formation of the board of directors. Term of the member and resignation. Disqualification of the member. Elimination of a member. Salaries, costs grant and employee recruitment power of the secretary.
Provided that, approval of the board concerning the granting of such expenditure will be needed at the next meeting of the Board. Meeting of the Board of Directors. Bangladesh Gazette, Extra, September 15, 3 The Chairman will preside at each meeting and if in a meeting of the Board the chairman is absent, Secretary, Labor and Employment Ministry, the Vice-Chairman of the Board, will preside over the meeting and will sign the meeting's resolution.
Accounts and Audit. Annual reports of two funds. Bangladesh Gazette, Extra, September 15, 2 The nominee from the company's accounts department will perform the functions as secretary of the fund. Accounts maintain of two funds. Activity of the Board. Provided that, if Board enacted anything contrary to any law or the rules of procedure will be deemed void.
Duration of Board. Limitations of the capacity of trustees. Eligibility for benefits from two funds.
Distribution of Funds. Annual report of two funds. Bangladesh Gazette, Extra, September 15, 2 After receiving statements by the Board, the owner has to submit a copy to the Factories and Establishments Inspection Department. Chapter Sixteen Provident Fund Formation of provident fund and the rules.
Provided that, no provision of its own rules cannot be subversive of the provisions of the seventeenth chapter of Act and these Rules. Bangladesh Gazette, Extra, September 15, 6 For the purposes of this chapter, the worker means all employed in the company regardless of rank, except the owner or partner, or members of the Board of Directors.
Eligibility to be a member of provident fund. Provided that, the illegal lock-out, legitimate strike, lay-off days and weekly vacation, sick leave, casual leave, maternity leave of more than sixteen weeks and any kind of authorized leave or absence of workers due to the holiday or vacation will not shorten the continuation of the employment in the organization. Distribution of account numbers. Nomination of members of the Board of Trustees. Provided that, officials of the accounts department will be given priority for such nomination.
Provided that, where there is no collective bargaining agent, workers' representatives will be nominated by the existing trade unions: Provided further that, where there is no trade union organization in that case, workers' representatives will be nominated by the workers' representatives of the participating Committee: Provided further that, where there is no collective bargaining agent or a trade union organization or participating committee, in that case, workers' representatives will be nominated from the workers of that organization under supervision of welfare officer.
Term and resignation of the member. Secretary of the Board. Meeting Board of Trustee Board. Quorum of Board- 1 At least one of the trustees representing the owners and workers and more than half of the trustees will be in attendance to make the quorum at a meeting of the Board of trustees. Bangladesh Gazette, Extra, September 15, 2 Notwithstanding anything contained in Sub-rule 4 , If the quorum of any meeting does not form in one hour, the meeting will be adjourned and the adjourned meeting will be held in the next ten days and if the quorum is not formed in adjourned meeting, then for the third meeting in the presence of any number will be treated as the quorum.
Minutes of the meeting. Employment of workers. Return due to the termination of employment. Maintaining the accounts of provident fund. Bangladesh Gazette, Extra, September 15, 2 the bank account will be jointly governed by the Chairman of the Board of Trustees, representatives of the owners and workers parties and money can be withdrawn by the joint signature of the Chairman and another member approved by the Board.
The annual report on the actions of the fund. Revenue Account. Investment of money of the fund. Operating costs. Type of the account. Account audit.
Dividends or profit. Nomination of nominee. Bangladesh Gazette, Extra, September 15, 3 If a member wishes to divide money in his name proportionately to the nominated people, then he may state it his nomination paper.
Conditions for payment of the fund money. Provided that, anyway the tenure is, due to the death or closure of the organization the member will receive the both part deposited in the fund. Payment of the money of the dead member.
B If the nomination does not exist or if any of nomination is not applicable on any part of the deposited fund, in that case complete deposit or on which part is not applicable that part will be payable to his family members according to the law of deceased's family. Payment of the money of Provident Fund. IV of and where there no guardian or manage is not appointed, in that case money to paid to the legally entitled person for the minor or insane. Receiving Advance form the fund.
Bangladesh Gazette, Extra, September 15, 3 Money received as advance to be paid in not more than 60 sixty equal monthly installments: Provided that, no installment of the advance will be more than one-third of the monthly wages of the worker.
Operating the functions of the Board.
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Penalty for violation, etc. Necessity of the provident fund: Provident fund in tea-garden: The obligation to be a member of the provident fund. Provided that, where the same worker is already a member of the fund, in that case the owner inform the controller by registered post with name, account number and other details of the previous owner within seven days of appointment and will collect the receipt. Meeting of the Board of Trustees. Quorum of the meeting: Minutes of meeting: Fee and Allowances.
Salaries, costs grant and employee recruitment power of the controller. Provided that, in case of deposit and payment of money by check of bank in small-town, in that case check to be paid by adding the check collection fee. Bangladesh Gazette, Extra, September 15, 4 Retainer allowance paid to any worker in any garden during the time excluding the monsoon, which will be treated as wages to fulfill the purpose of these rules.
The member will not pay the part of subscription payable by the owner: Accounts of provident fund. Investment of funds: Provided that, the property will not be the leased the total value of property will not be more than one-third or in case of building, it will not be more than half of the mortgaged money.
Provided that, in the name of the members deposits money is payable, then from the first day of the current term that the money be taken from the day to day of the previous month to the day, or refund the money due to be paid until the end of the month for the next six months previously, that will be credited to the profit: Provided that, if the member is minor, he cannot make any nomination before his maturity. Provided further that, if that minor dies before being mature, all money deposited in his name in the fund will be payable to his family members as per law.
Payment in life insurance policies: Provided that, until submission of details of the proposed life insurance policy to the controller in the prescribed form and until it is accepted as appropriate, no permission can be given to withdraw this money and no permission can be given to withdraw more money than the originally payable money as premium or subscription. Provided further that, if allowed to withdraw such money, the controller will pay that money to that insurance company directly and take the receipt of that payment.
Bangladesh Gazette, Extra, September 15, 2 In case of new policy, after receiving the first premium the insurance company will deposit the insurance policy in favor of the appointment of the Board and the controller, taking the title and signature of the member, will keep the policy in safe custody.
Saving the money raised from the bonus: Employment of re title of the policies: Conditions of payment in the fund: Provided that, any outgoing member may withdraw the deposited money after three months of the retirement. Transfer of the member account: Payment of the money of the terminated employee: Bangladesh Gazette, Extra, September 15, 2 In accordance with rules money is being paid to the person who is minor or insane, in that case money to be paid to any guardian for a minor person as per Guardian and Wards Act, Act No.
IV of Power to issue guidelines: Provident fund in newspaper organization: Participation of the workers in the fund- 1 Every worker who completed 2 two years of service in the organization to be a member of the fund. Bangladesh Gazette, Extra, September 15, 2 Any question raised regarding become or continue the membership in the fund or about the date of being member the Trustee Board will decide regarding that.
Provided that, during the 2 two years mentioned in sub rule 1 - a The illegal lock-out, legitimate strike, lay-off days; b Weekly vacation, sick leave, casual leave, authorized leave or absence of workers due to the holiday or vacation; c Maternity leave of more than sixteen weeks and any kind of will not shorten the continuation of the employment in the organization. Secretary of the board: Bangladesh Gazette, Extra, September 15, 3 If in a meeting of the Board the chairman is absent, the present trustees will make one trustee to be president of the meeting, and he will preside over the meeting and will sign the meeting's resolution.
Current Account: Bangladesh Gazette, Extra, September 15, 2 Account will be governed by joint signature of 3 three members. Revenue Account: Provided that, the property may not be purchased which is leased. Bangladesh Gazette, Extra, September 15, 2 Auditor appointed under sub-section will send three copies of the duly signed and sealed audit report to the Board. Bangladesh Gazette, Extra, September 15, 6 The nomination given by the member can be changed at any time based on a written notice from the member.
Eligible authority: Inspector general of Directorate of Inspection of Factories and Firms shall be treated as eligible authority for this chapter. Formation of a tripartite advisory committee: Tenure of the committee: Meeting 1 2 meetings will be held after every 6 six months provided, however, that meetings may be held for as many times as the chairman may think fit.
Functions of the committee: Apprenticeship policy of the establishment: Providing technical advice and guidelines: Inclusion in the apprenticeship program: Bangladesh Gazette, Extra, September 15, 4 For proof of physical fitness of the person under apprenticeship at time of enlistment, the owner arrange at his own cost health examination by a registered physician of said person as per Form and shall keep record of the facts for certificates as per Form a.
Apprenticeship agreement: Tenure of apprenticeship 1 The agreement of apprenticeship shall have a mention of tenure of apprenticeship. Provided, however, that as per government announcement in pursuant to these rules, tenure of apprenticeship may vary from trade to trade. Examination and Certification: Giving apprenticeship allowance: Working hours, leave and closure: Supply of training materials: Running and supervision of apprenticeship program: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 4 Firms with 20 twenty or less trainees shall have an apprenticeship trainer who shall be the shop foreman or supervisor and for its assistance, an officer of the firm shall have to be given charges in addition to his normal duties.
Relevant theoretical education: Shifts of trainees: Termination of apprenticeship training before end of term: Change of trade: Preservation of records and submission of performance report: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 4 Each of the owners shall keep a record of performance for each of the apprentices as per Form and shall preserve it for inspection by the due authority or its assigned officer.
Resolution of disputes: Chapter Eighteen Administration, Inspection, etc Duties and responsibilities of the director of labor: Provided, however, that if any person feels aggrieved at said directives, then he may lodge an appeal to the labor court within 14 fifteen days of issuance of the order. Powers and functions of the inspector: Chapter Nineteen Miscellaneous Serving notice to the Inspector General before start of work: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 2 The inspector general or the relevant deputy inspector general shall verify and sign and thereupon send back a copy to the owner.
Provided, however, that the inspector general or any officer empowered by him shall not sanction any approval without any inspection on the spot. Application for sanction of registration and license for factory, industrial establishment, commercial firm, commercial bank and insurance firm, shop and contracting firm: License registration fee and providing license: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 4 Unless the license is renewed within one year of expiry thereof on payment of late fee as per rule, the license shall be treated to be automatically cancelled and in that case the authority shall have right to lodge complaints or cases to close that firm.
Amendment of license: Loss of license: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 2 For application, Tk. Revocation of postponement of the license: Online program via internet: Fee payment: Appeal and its disposal lodged against several orders of the inspector: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 2 The appeal authority shall allow necessary hearing for the appeal and settle the same within 60 sixty days of receipt of the appeal petition.
Service of notice and submission of statements: Maintenance of records: Display of gist of law, rules and provisions and display of address of the inspector general: Court fees in general cases: Provided, further, that no court fee shall apply in case of petition filed by any officer with government privilege. Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, Dispute resolution: Annulment and custody: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, Schedule -1 [Vide section 52 and 55 and Rule 48] Method of control of ventilation and temperature in yarn and weaving factory 1 Artificial moisturizing: Provided, however, that where difference between wet bulb temperature in the relevant department and that kept out of the room is less than 2.
If the inspector general is satisfied to the effect that approved humidity level was as stated in sub-clause b of clause 2 was never exceeded, then he may exempt any department form the obligation of maintenance of hygrometer. Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 5 Recording temperature in hygrometer: No index of the hygrometer shall be recorded within fifteen minutes of change in water of reservoir.
Steam pipe used for thrusting water vapor for creation of artificial humidity in air of any room shall be of following description, namely: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, Schedule-2 [Vide Rule 51] Number, location and cleanliness of toilet and bathroom 1 Number of toilets: As per section 59, each establishment shall have provision for following number of toilets, namely: Regarding toilets and bathroom, the following provisions shall apply, namely: XV of shall apply in case of safety of workers of road, river and sea ports used for Bangladesh Inland river vessels, sea-bound ships and kindred vessels, passenger transport, goods transport, etc.
For purpose of receiving assistance regarding taking safety measures to adopt in control of apprehension of health hazards, the safety committee or workers representatives have to be consulted with as much as practicable. Responsibilities of all equipments used in work lied with the berth operator, stevedore or owners and responsibilities of masters of ships not being registered in Bangladesh shall be to comply with clauses Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 8 Lifting machinery examination: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 10 Other loose gear: Further provided that after ensuring safety of workers, if the inspector thinks it necessary then subject to permission of the government any gear of special size and design or of special category which needs to be used constantly may be exempted from precincts of provisions to be complied with under this schedule by a written certification and under terms and conditions stated therein; d All other chains, rings, slings, hooks, shackles and all pulley blocks excluding those linked with the mast or derrick unless tested within the previous three months must be tested by a competent person before use in work; e All rings, hooks, shackles and chains used in lifting and bringing down if enlarged or changed due to welded or if they are repaired shall be tested by a competent person before use again in the work in the manner stated in this schedule.
Register of periodical examination: For purpose of recording results of the following tests , a register shall have to be maintained as per Form a , namely: Certificate of competent person: Register and certificates annexed to register a shall be stored in the premises until approval of any other place by written order of the inspector; b shall be produced before the inspector for the asking; c shall be preserved for a 05 five years from date of last inclusion.
Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 15 Not to start use of machinery, etc until necessary inclusion in the register: Chains, ropes, gears which need to be recorded in the register as per Form a or regarding which certificates need to be prepared in the similar register or regarding which certificates should be prepared may not be used until preparation of similar certificates.
Until drawing of marks indicating safe carrying capacity no pulley blocks may be used for loading and unloading goods. In each crane and derrick, safe working loads shall be conspicuously marked and if the crane located at the edge is so made that during rise and fall, differences occur in its safe working load, then automatic indicator of safe amount shall be jointed with it. Compliance with clause 21 and 22 shall lie with owner, master, officer in charge or agents of the ship.
Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 21 Access between shore and ship: During the process, arrangement for sufficient light has to be made keeping consistency with the ship, goods and all workers a on deck and inside the ship where work is going on; and b at each of the place where during work workers may be required to have access to.
In the manner stated in rule 69, responsibility of reporting accident and hazardous incident to the authority lies with the owner, berth operator, stevedore, port authority, agent and concerned firms. No owner, berth operator and stevedore shall not allow to use any machinery or gear in a way not consistent with matters stated in clause 8 to clause Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 25 License renewal: The port authority shall, before renewal of license of the berth operator, stevedore and agent, receive reports on their implementation of workers safety or compliance form the inspector and license shall be renewed taking it into consideration.
For purpose of fulfilling objective of the section 88, followings have to be complied with for ensuring safety of workers, namely: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, Schedule-4 [Vide rule 85] Matters relating to safety committee 1 Scope of the safety committee: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, c Following matters shall be included in the guideline prepared under clause a , namely: Risk and safety related management of the firm: Machinery and procedure related management: Management of dangerous smoke, explosives and combustibles: Fire related management: Accident related management: Management of sickness out of dangerous operation, professional illness and poisoning: Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 3 Arranging meetings: The safety committee shall arrange for regular training and rehearsal under sub- rule 10 and 14 of the rule 55 on prevention of earthquake, conflagration and other disasters and accidents.
Bangladesh Gazette, Extra, September 15, Bangladesh Gazette, Extraordinary, September 15, 7 Preservation of information or database: For getting medical attention and realizing compensation in the accident stated in the twelfth chapter of the law, the safety committee may submit recommendations in writing to the owner or authority. Government employees will get two festival bonuses as well as 20 percent of the basic as Bangla New Year allowance. Mohammad Farasuddin, former governor of Bangladesh Bank, made the recommendations of the 8th Pay Commission on Dec 21 last year.
The recommendation of the secretaries was further reviewed by the finance ministry, with the final figures emerging as Tk 8, at the bottom and Tk 78, at the top. More stories No smoking in public places: Any unauthorised use or reproduction of bdnews Bangladesh gazettes new pay scale for public servants.
The government has gazetted the new pay scale for public servants, dissolving selection grade and timescale. Related Stories December salary of government employees to follow new pay scale: Muhith 8th national pay scale approved, basic pay range Tk 8, - 78, More stories.
No smoking in public places: Ctg mayor. PM gets job for Nusrat's brother. RU teacher's son questions police probe. Man dies in Jatrabari crash. Ex-Sonagazi OC sued over Nusrat video.
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