CHAPTER 4

Legal Provisions

4.1 Laws for ensuring welfare to the workers According to the Bangladesh Labour Code1 there is a chapter 8 related to welfare management. And this chapter included some provisions. They are given below: 4.1.1 According to section 89 of the Bangladesh Labour Code, 2006The number of first aid boxes or cupboards shall not be less than one for every one hundred fifty workers ordinarily employed in the establishment. 4.1.2 According to section 90 of the Bangladesh Labour Code, 2006-In every establishment wherein twenty-five workers are employed shall maintain compulsory, in prescribed manner, a safety record book and board. 4.1.3. According to section 91 of the Bangladesh Labour Code, 2006(1) In every establishment(a) Adequate and suitable facilities for washing and bathing shall be provided and maintained for the use of the workers there in (b) Separate and adequately screened facilities shall be provided for the use of male and female workers (c) Such facilities shall be conveniently accessible and shall be kept clean (2) The government may, in respect of any establishment, prescribe standards of adequate and suitable facilities for washing.
1

. Abdul Halim and Masum Saifur Rahman , Bangladesh Labour Code 2006, 3rd edition, (Dhaka, CCB Foundation, 2007) pp. 93-97.

4.1.4 According to section 92 of the Bangladesh Labour Code, 2006 (1) In any establishment wherein more than one hundred workers are ordinarily employed, an adequate canteen shall be provided for the use of the workers. (2) The Government may, by rules, provided for(a) The standards in respect of construction, accommodation, furniture and other equipment of the canteen. (b) The constitution of a managing committee for the canteen and representations of the workers in the management of the canteen, and (3) The managing committee shall determine the types of foodstuff to be served therein and the charges therefore. 4.1.5 According to section 93 of the Bangladesh Labour Code, 2006 (1) In any establishment wherein more than fifty workers are ordinarily employed, adequate and suitable shelters or rest rooms, and a suitable lunch room with provision for drinking water where workers can eat meals brought by them, shall be provided and maintained for the use of the workers: Provided that any canteen maintained in accordance with the provisions of sections 92 shall be regarded as part of the requirements of this sub-section: Provided further that where exists, no worker shall eat any food in the work room. (2) The shelters, rest rooms or lunch rooms provided under sub- section (1) shall be sufficiently lighted and ventilated and shall be maintained in a cool and clean condition. (3) In every establishment wherein more then 25 female workers are employed, separate rest rooms shall be provided for male and female workers and where less

than 25 female workers work, the portion of the rest room for female workers work, the portion of the rest room for female workers shall be separated by a curtain. 4.1.6 According to section 94 of the Bangladesh Labour Code2 (1) In every establishment, more than forty female workers are ordinarily employed, there shall be provided and maintained a suitable room or rooms for the use of the children under the age of six years of such women. (2) Such room shall provide adequate accommodation, be adequately lighted and ventilated and maintained in a clean and sanitary condition, and shall be under the charge of women trained or experienced in the care of the children and infants. (3) Such rooms shall be conveniently accessible to the mothers of the children accommodated therein and so far as is reasonably practicable it shall not be situated in close proximity to any part of the factory where obnoxious fumes, dust or odious are given off or in which excessively noisy processes are carried on. (4) Such rooms shall be soundly constructed and all the walls and roof shall be of suitable heat resisting materials and shall be water proof. (5) The height of such rooms shall not be less than 300 centimeter from the floor to the lowest part of the roof and there shall be not less than 600 sq. centimeter of floor area for each child to be accommodated. (6) Effective and suitable provisions shall be made in every part of such rooms for securing and maintaining adequate ventilation by the circulation of fresh air. (7) Such rooms shall be adequately furnished and equipped and in particular there shall be one suitable cot or cradle with the necessary bedding for each chilled, at least one chair or equivalent seating accommodation for the use of each mother while she

. Ibid, pp. 93-97

is feeding or attending to her child and a sufficient supply of suitable toys for the older children. (8) A suitable fenced and shady open air play-ground shall be provided for the older children. Provided that the chief inspector may, on order in writing exempt any factory from compliance with this sub-section if he is satisfied that there is not satisfied that there is not sufficient space available for the provision of such a play-ground. 4.1.7 According to section 99 of the Bangladesh Labour Code3 the Government may, by rules, introduce provision of group insurance for those establishments where at least 200 workers work. Section 95 to 98 in this chapter related to the workers who worked in tea plantations. This thesis only focused on rights related to the ready made garments workers, not to the rights related to tea workers and news paper workers. Though maternity benefit is not under the welfare rights, but it is one of the important rights. So it is briefly discussed here: 4.1.8 According to section46 of the Bangladesh Labour Code4 Every woman employed in an establishment shall be entitled to, and her employer shall be liable for, the payment of maternity benefit in respect of the period of eight weeks preceding the expected day of her delivery and eight weeks immediately following the day of her delivery; Provided that a woman shall not be entitled to such maternity benefit unless she has worked with the employer for not less than six months immediately preceding the day of her delivery.

3 4

. Ibid, pp. 93-97 . Ibid, p. 67

No woman shall be entitled to such benefit if she has, at the time of delivery, two or more surviving children, but in that case she shall be entitled to any leave to which she is otherwise entitled. 4.1.9 According to section 47 of the Bangladesh Labour Code5 (1) Any pregnant woman entitled to maternity benefit under this code may, on any day, give notice either orally in person or in writing to her employer that she expects to be confined within eight weeks of the notice and such notice shall nominate a person for the purpose of receiving payment of the benefit in case of her death. (2) If no such notice is given by the woman, she shall, within seven days of her delivery, give notice to the employer that she has given birth to a child. (3) When a notice referred to in sub-section (1) or (2) is received, the employer shall permit the woman to absent herself from work(a) from the day following the date of notice in case of notice under subsection (1) (b) from the day of delivery in case of notice under sub-section (2 (2) An employer shall pay maternity benefit to a woman entitled thereto in such one of the following ways as the woman desires, namely (a) for eight weeks within three working days of the production of a certificate signed by a registered medical practitioner stating that the woman is expected to be confined within eight weeks of the date of certificate and for the remainder of the period for which he is entitled to maternity benefit within three working days of the production of the proof that she has given birth to a child;or (b) for the said period up to and including the day of delivery within three working days of the production of the proof that she has given birth to

.Ibid, p.68

a child and for the remainder of the said period within eight weeks of the production of such proof;or (c) for the whole of the said period, within three working days of the production of proof that she has given birth to a child Provided that a woman shall not be entitled to any maternity benefit or any part thereof, the payment of which is dependent upon the production of proof under this sub-section that she has given birth to a child,unless such proof is produced within three months of the day of her delivery. (5) The proof required to be produced under sub-section (4) shall be either a certificate extract from a birth register under the Births and Deaths Registration Act 20046 or certificate from a registered medical practitioner or any other proof acceptable to the employer.

4.2 BGMEA rules for better practice

4.2.1 First Aid a) Adequately stocked first aid boxes including a list of items should be maintained in each section and the number should not be less than one box per 150 workers. b) Boxes should be open, clearly marked, visible and portable. c) Boxes should be wall mounted at accessible height. d) A minimum of 2% of workers should be trained on first aid on each working floor/department. e) Workers trained in first aid should be identifiable. f) Medicine for common ailments should be kept separately.

. Act No. XXIV of 2004

g) A doctor and nurse should be available in house in factories which have 500+ workers. h) Injury and first aid record register should be maintained and analyzed for preventative measures.

4.2.2 First Aid: Best Practices a) Photos and names of first aid trained workers should be clearly displayed on first aid boxes. b) Additional workers should be trained on first aid.

4.2.3 Workers Welfare a) Seating facility should be made available to standing workers. b) Safe drinking water should be available on all floors. c) Drinking water should not be situated within 20 feet of any washing place, urinals or latrine. e) Dining facilities should be provided for workers. f) Workers should feel comfortable with the temperature of the working area. g) Provisions should be made for separate and clearly marked toilets for men and women. h) Good lighting in working area as well as in toilets. g) Drinking water should be tested every 6 months.

4.2.4 Workers Welfare: Best practice a) Back rest stools provided to the workers. b) Workers to be provided with individual mugs. c) Workers should be provided with sufficient breaks (preferably 10 minutes in every three hours of works).

4.2.5 Cleanliness: a) Proper sanitary conditions in the toilets including adequate water. b) Hand washing facilities provided with soap. c) No lunch box kept in working area. d) The factory and lunch area should be kept clean. e) Cleaning schedules should be maintained and posted on bathroom door. f) Toilet should be tiled. g) Each worker should be provided with a locker for personal belongings.

4.2.6 Health and Hygiene Chapter III7 of the Factories Act, 1965, now it has been compiled in the Labor Code 2006 deals with the provisions regarding the protection of health of workers employed in factories. The provisions and their details are follows: Cleanliness:
7

. Nirmolendu Dhar, Labour Laws in Bangladesh, 3rd ed. (Dhaka; Remisi publishers, 2006), pp. 78-87

Every factory shall be kept clean and free from effluvia arising from any drain privy or other nuisance and in particular: a) Dirt and refuse shall be moved daily by sweeping. b) The floor of every work room shall be cleaned at least once in every week by washing using disinfectant where necessary. c) Effective means of drainage shall be provided and maintained. d) All inside walls and partitions, all ceilings, or tops of rooms and walls side and tops or passages and staircases shalle) Painted or varnished at least once in every five years. f) Smooth impervious surfaces are cleaned at least once in every fourteen months. a) White washing at least once in every fourteen months. b) The dates on which the process required by clause (d) are carried out shall be entered in the prescribed register. Drinking water: a) In every factory effective arrangement shall be maintain to provide sufficient supply of wholesome water. b) All such points shall be legibly marked Drinking water in a language understood by majority of the workers and shall not be situated with in twenty feet of any washing place. c) In every factory wherein more than 250 workers ordinarily employed, provisions shall be made for cooling the drinking water during hot weather.

d) The Govt. may make rules for securing compliance with the provisions of this section. Washing Facilities: In every factorya) Adequate and suitable facilities for washing and bathing shall be provided and maintained for the use of the workers therein; b) Separate and adequate screened facilities shall be provided for male and female workers. c) Such facilities should be conveniently accessible and shall be kept clean. Canteens: a) The govt. may make rules requiring that, in any specified factory wherein more than 250 workers are ordinarily employed an adequate canteen shall be provided for the use of the workers. b) Without prejudice to the generally of the foregoing power, such rules may provide forc) The date by which such canteen shall be provided; i)The standard in respect of the construction, accommodation, furniture and other equipment of the factory; ii) The food stuff to be served therein and the charge shall be made therefore; iii) The constitution of a managing committee for the canteen and representation of the workers in the management of the canteen; iv) The delegation to the chief inspector, subject to such conditions as may be specified of the power to make rules in respect of food stuff and their charge.

Shelters: In every factory where in more than 100 workers are ordinarily employed, adequate and suitable shelters shall be provided and maintained for the use of the workers. In lunch room there shall be provision for drinking water. The shelters, restrooms, or lunch room shall be sufficiently lighted and ventilated and shall be maintained in a cool and clean condition. Rooms for children: In every factory where in more than 50 women workers are ordinarily employed, there shall be facility for suitable room for the use of children under the age of 6 years of such women

Welfare Officer:

The occupier of a factory shall employ at least one welfare officer wherein 500 or more workers are ordinarily employed. One welfare officer shall be appointed for every 2000 workers of a fraction thereof.

4.3 Provisions from ILO According to International Labor Organization (ILO) convention section 3 provide the health and safety criteria. They are given below: 4.3.1 The company, bearing in mind the prevailing knowledge of the industry and of any specific hazards, shall provide a safe and healthy working environment and shall take adequate steps to prevent accidents and injury to health arising out of,

associated with or occurring in the course of work, by minimizing, so far as is reasonably practicable, the causes of hazards inherent in working environment. 4.3.2 The company shall appoint a senior management representative responsible for the health and safety of all personnel and accountable for the implementation of the Health and Safety elements of this standard. 4.3.3 The company shall ensure that all personnel receive regular and recorded health and safety training, and that such training is repeated for new and reassigned personnel. 4.3.4 The company shall establish systems to detect avoid or respond to potential threats to the health and safety of all personnel. 4.3.5 The company shall provide for use by all personnel, clean bathrooms, access to potable water and if appropriate, sanitary facilities for food storage. 4.3.6 The company shall ensure that if provided for personnel, dormitory facilities are clean, safe, and meet the basic needs of the personnel