UNIVERSITY OF DHAKA

HRM Assignment
Submitted to:

MANIKA CHAKRABORTY
Associate Professor
Department of Management
Faculty of Business Studies
University of Dhaka

Submitted By:

Taznuba Afrin
ID No. 3-23-02-023
EMBA 2ND BATCH

Date : 14th November, 2023

 Legal considerations in HRM in Bangladesh

Q-1: Make a brief summary of legal provisions regarding - labour legislations and constitution of Bangladesh.

Answer :

The labor legislations and constitution of Bangladesh provides a framework to govern employment
relationships and protect the rights of workers. Here's a brief summary of existing practice in Bangladesh:

i) Constitutional Framework:

- The Constitution of Bangladesh, in its Part III, guarantees fundamental rights to all citizens, including the
right to equality, non-discrimination, and the right to work.

- Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth, ensuring equal
opportunities in employment.

ii) Labor Laws:

- The Bangladesh Labor Act, 2006: This comprehensive legislation governs various aspects of labor relations,
including employment conditions, welfare, health and safety, and dispute resolution.

- The Factories Act, 1965: Focuses on the working conditions in factories, covering aspects such as health,
safety, and welfare of workers.

- The Shops and Establishments Act, 1965: Regulates the conditions of employment in commercial
establishments, including working hours, leave, and holidays.

- The Employment of Children Act, 1938: Prohibits the employment of children in certain occupations and
regulates working conditions for adolescent workers.

iii) Trade Unions:

- The right to form trade unions is protected by the Constitution. The Bangladesh Labor Act, 2006, provides
for the registration and regulation of trade unions.

- Workers have the right to collective bargaining and peaceful strikes to promote and protect their interests.

iv) Wages and Working Hours:

- The labor laws stipulate regulations regarding wage rates, payment frequency, and working hours to ensure
fair compensation for workers.
v) Occupational Health and Safety:

- The laws emphasize the importance of maintaining a safe and healthy working environment. Employers are
obligated to take measures to prevent accidents and ensure the well-being of workers.

vi) Social Security:

- Provisions for social security, including benefits such as provident fund, gratuity, and group insurance, are
outlined in the labor laws.

vii) Dispute Resolution:

- Mechanisms for resolving industrial disputes, including the formation of labor courts and labor appellate
tribunals, are established to ensure fair and timely resolution.

It's essential for employers and employees in Bangladesh to be familiar with these legal provisions to promote
a fair and harmonious work environment while upholding the rights and well-being of workers.

Q-2: Discuss the Articles affecting government employment in Bangladesh.

Answer:

In the context of government employment, several articles within the constitution often play a crucial role in
defining the rights and responsibilities of both the government as an employer and the employees. Here's a
brief note on articles affecting government employment in Bangladesh:

1. Equality and Non-Discrimination (Article 14):

- Article 14 typically guarantees equality before the law and equal protection of the laws to all citizens. In the
context of government employment, this article ensures that the recruitment and treatment of employees are
not based on arbitrary or discriminatory factors.

2. Right to Life and Personal Liberty (Article 21):

- Article 21, often encompassing the right to life and personal liberty, extends to the workplace. It ensures
that government employees have the right to fair and humane treatment, safeguarding their well-being and
dignity.

3. Freedom of Speech and Expression (Article 19):

 - Article 19 protects the freedom of speech and expression. In the context of government employment, it can
influence the ability of employees to voice their opinions, provided it does not undermine the security or
integrity of the state.

4. Right to Form Associations or Unions (Article 19):

- Some constitutions grant government employees the right to form associations or unions to collectively
bargain for their rights and better working conditions. However, reasonable restrictions can be imposed in the
interest of public order or morality.

5. Protection of Minorities (Article 30):

- If applicable, Article 30 safeguards the rights of minorities to establish and administer educational
institutions. In the realm of government employment, this may impact minority employees' rights within public
institutions.

6. Right to Equality of Opportunity in Public Employment (Article 16):

- This specific article may exist to ensure that all citizens have an equal opportunity in matters of public
employment. It prohibits discrimination based on factors such as religion, race, caste, sex, and place of birth.

7. Compulsory Service for Public Purposes (Article 21):

- In certain cases, constitutions may provide for compulsory service for public purposes during emergencies.
This can impact government employees' rights and duties during such situations.

8. Right to Education (if applicable):

- This can have implications for government employees involved in the education sector, ensuring equitable
access to educational opportunities.

Understanding and upholding these constitutional provisions is essential for both the government as an
employer and the employees. They serve as a guide to maintaining a fair, transparent, and just employment
relationship within the framework of constitutional principles.

Q-3: Briefly focus on existing Laws related to wages and working hours in Bangladesh.

Answer:
In Bangladesh, working hours and wage practices are governed by various labor laws aimed at ensuring fair
and equitable treatment of workers. Here's a brief note on the key laws related to working hours and wages
practices in Bangladesh:

1. Bangladesh Labor Act, 2006:

- The Bangladesh Labor Act, 2006, is a comprehensive piece of legislation that addresses various aspects of
labor relations, including working hours and wages.

- Working Hours: The Act stipulates a standard working week of 48 hours, with a maximum of 8 hours per
day. Overtime may be allowed under certain circumstances.

- Overtime: Overtime work is regulated, and workers are entitled to additional pay for such hours, typically at
a rate higher than their regular wages.

2. Minimum Wages Board Ordinance, 1961:

- The Minimum Wages Board Ordinance empowers the government to fix and revise minimum wages for
different categories of employment.

- Minimum Wage: This ordinance ensures that every worker is entitled to receive a minimum wage, and the
rates are periodically reviewed and adjusted.

3. Payment of Wages Act, 1936:

- The Payment of Wages Act establishes the rules for the payment of wages to certain classes of employed
persons.

- Frequency of Payment: It outlines the frequency of wage payments, which should not exceed one month.

4. Labor Rules, 2015:

- The Labor Rules, 2015, provide additional details and guidelines for the implementation of the Bangladesh
Labor Act, 2006.

- Leave: These rules elaborate on the provisions related to leave entitlements, including annual leave, festival
leave, and sick leave.

5. Factories Act, 1965:

- The Factories Act, 1965, regulates the conditions of labor in factories, including working hours, rest intervals,
and overtime.

- Weekly Holidays: It ensures that workers are entitled to at least one rest day per week.

6. Employment of Labor (Standing Orders) Act, 1965:

 - This act provides a framework for the establishment of standing orders in industrial establishments,
detailing various employment conditions.

- Terms of Employment: Standing orders typically include information on working hours, shifts, and other
conditions of service.

7. Industrial and Commercial Employment (Standing Orders) Ordinance, 1968:

- Similar to the Employment of Labor (Standing Orders) Act, 1965, this ordinance provides for the formulation
of standing orders in industrial and commercial establishments.

These laws collectively aim to establish a fair and just working environment by defining working hours,
ensuring timely payment of wages, and safeguarding workers' rights. Employers are expected to comply with
these regulations to maintain a healthy and lawful relationship with their workforce.

Q-4: What is the current practices in Bangladesh regarding condition of services and employment?

Answer:

The conditions of service and employment practices in Bangladesh are subject to various labor laws and
regulations. Here's a brief summary based on the prevailing practices:

1. Bangladesh Labor Act, 2006:

- The Bangladesh Labor Act, 2006, serves as a primary legislation governing conditions of service and
employment. It covers various aspects, including working hours, leave entitlements, termination procedures,
and workers' rights.

2. Working Hours:

- The standard working week is typically set at 48 hours, with a maximum of 8 hours per day. Overtime work
may be allowed under certain circumstances, with workers entitled to additional pay for such hours.

3. Minimum Wage:

- The government periodically reviews and adjusts minimum wage rates through the Minimum Wages Board
Ordinance, 1961. Every worker is entitled to receive at least the minimum wage applicable to their employment
category.

4. Payment of Wages:

- The Payment of Wages Act, 1936, regulates the frequency of wage payments, ensuring that wages are paid
at intervals not exceeding one month.
5. Leave Entitlements:

- Leave entitlements, including annual leave, festival leave, and sick leave, are typically addressed in the Labor
Rules, 2015, and other related regulations.

6. Factories Act, 1965:

- The Factories Act, 1965, establishes rules for conditions of labor in factories, covering aspects such as weekly
holidays, rest intervals, and safety measures.

7. Employment Contracts:

- Employment contracts often include terms and conditions of service, including job responsibilities, working
hours, and other relevant details. Standing orders, as per the Employment of Labor (Standing Orders) Act,
1965, may be formulated in industrial establishments to provide additional clarity on employment conditions.

8. Social Security:

- Social security provisions, such as provident funds, gratuity, and group insurance, may be part of the
employment benefits provided by employers.

9. Collective Bargaining and Trade Unions:

- The right to form trade unions and engage in collective bargaining is protected, allowing workers to
negotiate for their rights and better working conditions.

It's important for both employers and employees in Bangladesh to be familiar with these legal provisions to
ensure compliance and promote a fair and transparent employment relationship. Additionally, staying
informed about any updates or changes to labour laws is crucial for adapting to evolving employment
practices.

Q-5: Discuss the existing practice of Laws related to equality and women empowerment in Bangladesh.

Answer:

In Bangladesh, there are several laws and initiatives aimed at promoting equality and empowering women.
Here is an overview of key legal provisions related to equality and women empowerment:

1. Constitution of Bangladesh (1971):

 - The Constitution guarantees fundamental rights to all citizens, irrespective of gender. It includes provisions
emphasizing equality before the law and non-discrimination on the grounds of sex.

2. The Women and Children Repression Prevention Act, 2000:

- This law addresses crimes against women and children, providing legal measures for their protection. It
includes provisions for the prevention of domestic violence and penalties for offenses.

3. The Dowry Prohibition Act, 1980:

- Aimed at preventing the practice of dowry, this law prohibits the giving or taking of dowry. It aims to
protect women from financial and emotional exploitation associated with dowry demands.

4. The Acid Offences (Prevention) Act, 2002:

- This law criminalizes acid attacks and provides legal measures to prevent and address such offenses. It
emphasizes the protection and rehabilitation of victims.

5. The Domestic Violence (Prevention and Protection) Act, 2010:

- This legislation addresses domestic violence and provides legal remedies for victims. It includes provisions
for protection orders and support services for those affected.

6. The Bangladesh Labour Act, 2006:

- The Labor Act includes provisions related to the rights of women in the workplace, such as maternity
benefits and safeguards against discrimination based on gender.

7. The National Women Development Policy, 2011:

- This policy outlines the government's commitment to women's empowerment and gender equality. It
covers various aspects, including economic empowerment, education, health, and political participation.

8. The Prevention of Oppression Against Women and Children Act, 2000:

- This law addresses oppression against women and children, providing legal measures for their protection. It
covers a range of offenses related to physical and mental harm.

9. Quota for Women in Local Government:

- Bangladesh has implemented a 30% quota for women in local government institutions to ensure their
representation and participation in decision-making processes.
10. The National Women and Children Affairs Policy, 2011:

- This policy aims to promote the overall well-being of women and children, addressing issues such as
education, health, employment, and legal protection.

These legal provisions and policies collectively contribute to fostering a more inclusive and equitable society in
Bangladesh, emphasizing the rights and empowerment of women. Ongoing efforts are crucial to ensuring the
effective implementation and enforcement of these laws to create positive social change.

Q-6: Discuss the existing laws related to sexual harassment to women at work in Bangladesh.

Answer:

In Bangladesh, the laws related to sexual harassment at the workplace are primarily governed by the
Bangladesh Labor Act, 2006, and the Bangladesh Labor Rules, 2015. Additionally, there are broader legal
provisions that address aspects of sexual harassment and discrimination. Here's an overview:

1. Bangladesh Labor Act, 2006:

- Section 28 of the Bangladesh Labor Act, 2006, addresses the issue of sexual harassment in the workplace. It
defines sexual harassment and outlines preventive measures and disciplinary actions against offenders.

2. Bangladesh Labor Rules, 2015:

- The Bangladesh Labor Rules, 2015, provides more detailed guidelines on addressing sexual harassment. It
emphasizes the establishment of a complaint committee in organizations to receive and investigate complaints
of sexual harassment.

3. The Women and Children Repression Prevention Act, 2000:

- This law, while primarily focused on crimes against women and children, includes provisions that can be
applied in cases of sexual harassment. It addresses various offenses and outlines legal measures for the
prevention and punishment of such acts.

4. The Penal Code of Bangladesh:

- Sections of the Penal Code deal with criminal offenses related to sexual harassment and assault. For
example, Sections 354 and 509 address offenses related to outraging the modesty of a woman and acts
intended to insult the modesty of a woman.
5. The High Court Guidelines on Sexual Harassment:

- The High Court of Bangladesh has issued guidelines to prevent sexual harassment in workplaces. These
guidelines provide a framework for addressing complaints and conducting inquiries.

6. The National Women Development Policy, 2011:

- While not specifically focused on sexual harassment, this policy includes provisions aimed at promoting
gender equality and addressing issues related to women's empowerment.

7. The Domestic Violence (Prevention and Protection) Act, 2010:

- This legislation addresses various forms of violence, including psychological and emotional abuse. While not
solely focused on the workplace, it provides legal measures for the protection of victims.

It's important for employers to establish clear policies against sexual harassment, create awareness among
employees, and set up effective complaint mechanisms. The Bangladesh Labor Rules, 2015, mandates the
formation of a complaint committee in organizations with 50 or more employees.

These laws collectively aim to create a safe and harassment-free working environment for women in
Bangladesh. Employers and employees alike should be familiar with these legal provisions to ensure
compliance and contribute to a workplace culture that respects the rights and dignity of all individuals.

Q-7: A brief overview on existing Laws related to equal employment opportunity in Bangladesh

Answer:

In Bangladesh, equal employment opportunity is addressed through various legal provisions aimed at
preventing discrimination and promoting fairness in the workplace. The key legal instruments include:

1. Constitution of Bangladesh (1971):

- The Constitution guarantees fundamental rights to all citizens, including the right to equality before the law
(Article 27). It prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.

2. Bangladesh Labour Act, 2006:

- The Bangladesh Labour Act, 2006, addresses issues related to employment, including non-discrimination.
Section 28 of the Act specifically prohibits discrimination in employment on the basis of sex, religion, caste, or
ethnic identity.

3. Bangladesh Labour Rules, 2015:

 - The Bangladesh Labour Rules, 2015, provides more detailed guidelines for the implementation of the
Bangladesh Labour Act. It emphasizes the principles of equal opportunity and non-discrimination in
recruitment, promotion, and other employment-related matters.

4. Employment of Labour (Standing Orders) Act, 1965:

- The Standing Orders Act requires employers to define the terms and conditions of employment through
standing orders. These orders should be fair and non-discriminatory, ensuring equal opportunities for all
employees.

5. The Persons with Disabilities Rights and Protection Act, 2013:

- This legislation addresses the rights of persons with disabilities. It prohibits discrimination in employment
based on disability and promotes equal opportunities for individuals with disabilities.

6. The Women and Children Repression Prevention Act, 2000:

- While primarily focused on crimes against women and children, this Act indirectly contributes to equal
employment opportunities by addressing and preventing discrimination and violence.

7. Affirmative Action for Women:

- The government of Bangladesh has implemented affirmative action policies to promote gender equality in
employment. This includes reserved quotas for women in various government and public service positions.

8. National Women Development Policy, 2011:

- While not exclusively an employment law, the National Women Development Policy aims to ensure equal
opportunities for women in all spheres of life, including education and employment.

9. Quotas for Minorities:

- Bangladesh has implemented quotas for minorities in various sectors, including government employment,
to ensure their representation and equal opportunities.

It's crucial for employers and employees to be aware of and comply with these legal provisions to foster a
work environment that promotes equal employment opportunities and prevents discrimination based on
various factors. Employers should establish and communicate policies that reflect these principles and actively
work towards creating an inclusive and diverse workplace.
 Brief Overview

SL. HR ISSUE SUMMARY LEGAL PROVISIONS

1 Labor legislations and 2006 labor Code has been Bangladesh labor act
constitutions of Bangladesh promulgated for using the better 2006
relation of worker with its employers
to attain all the benefits that are legal
rights of a labor.
2 Articles affecting The aimed article of 29 and 30 The Constitution of the
government employment included the work recruitments of People‌‌‍’s Republic of
government employees to be fair and Bangladesh
just.
3 Laws related to wages, As per the 2006 labor Code/law there Bangladesh labor act
working hours are laws indicating the overtime, 2006
overdue works wages, and salary for
the workers working in any industries.
4 Condition of services and Any workplace should be free from The Constitution of the
employment extortions, harassment, and bully. A People‌‌‍’s Republic of
better workplace will increase the Bangladesh
productivity and harness good
condition of services and
employment.
5 Laws related to quality and In chapter 32 and 33 of Bangladesh The Constitution of the
empowerment of women constituent it is said empowerment of People‌‌‍’s Republic of
women are a versatile field of power. Bangladesh
Where there are equal rights for all.
6 Laws related to sexual There are strict laws that avoids and Rule 361 KA under
harassment to women at indicates the severe punishments for Bangladesh Labor
work. those who are violating such acts in Rules 2015 (as
workplace against woman. amended in 2022)
7 Laws relating to Equal (ACT NO. OF 1972 ) Bangladesh Labor Law
Employment Opportunity (2) No citizen shall be exploit in view 2006
of ethnicity caste race gender. This
will improve the equal employment
opportunity for all.