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Development of Labour and Industrial Law

This document provides an overview of industrial law, labor law, and labor rights. It discusses how industrial law consists of rules relating to industry, including labor, safety, employment conditions, and dispute mediation. Labor law regulates the social power between employees, employers, and unions through establishing legal rights and restrictions for workers. The purpose of labor law is to promote industrial growth, wealth distribution, and harmonious relationships while protecting worker health, safety, and welfare. International standards also establish core labor rights including freedom of association, collective bargaining, abolition of forced labor and child labor, and non-discrimination.

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Shajid Shahriar Shimanto
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52 views11 pages

Development of Labour and Industrial Law

This document provides an overview of industrial law, labor law, and labor rights. It discusses how industrial law consists of rules relating to industry, including labor, safety, employment conditions, and dispute mediation. Labor law regulates the social power between employees, employers, and unions through establishing legal rights and restrictions for workers. The purpose of labor law is to promote industrial growth, wealth distribution, and harmonious relationships while protecting worker health, safety, and welfare. International standards also establish core labor rights including freedom of association, collective bargaining, abolition of forced labor and child labor, and non-discrimination.

Uploaded by

Shajid Shahriar Shimanto
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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Lecture 1

Development of Labour and


Industrial Law
Industrial Law and Labor Law
• Industrial law : Law, Rules relating to industry
• It consists: * Labour, Safety, Appointment and
conditions of employment, secure peace in the
industrial arena, Mediate disputes etc.
• Relation between Capital and Labour
• Labor—the human work--has an "intrinsic
priority over capital
Labour Law
• Capital is a great good, for without it
work cannot be done. 
• Capital and labor complement each
other
• Work is an end; capital is a means; but
the final end is the person and his
transcendent destiny
Labour Law
• Regulating Social Power :
* To control the behavior of Others,
* The power to make policy
* To make rules and make decisions and to
ensure that those are obeyed.
Legal Rights and Restrictions of working People
Tripartite relationship between employee, employer
and union.
Substantive as well as Procedural law:
* rights, duties, procedure of dispute settlement.
Purpose of Labour Law
Industrial Growth
Mobilizing Wealth
 Equal distribution of power : To regulate, to support
and to restrain the power of management and power
of organized labour
Regulating power to command and the duty to obey
Harmonious Relationship
Protection of Worker’s Health, safety and Welfare
Relationship Individual
Worker
Subordinate to
Power of
Management

Co-Ordination:
Power of
Management
and Organized
Labour
Labour Rights
entitlements that relates specifically to the role of
being a worker
Right to work in a job freely chosen, right to fair
working conditions
 Right to just wage or protection of privacy;
 Right to be protected from arbitrary and unjustified
dismissal;
 Right to belong to and be represented by a trade
union;
 Right to strike.
ILO : The expert branch of UN about
Human Rights
Adoption of Labour Standards by ILO
The Declaration of Fundamental Principles
and Rights at Work, 1998
Four core rights: Freedom of association
and The right to collective bargaining,
The elimination of forced or compulsory
labour, the abolition of child labour and
The elimination of discrimination in
employment.
Foundation of Labour Law
Social Justice : Constitutional Commitment:
 It shall be a fundamental aim of the State to realise
through the democratic process a socialist society, free
from exploitation a society in which the rule of law,
fundamental human rights and freedom….
Justice cannot be achieved through a set of abstract
legal rights
Justice could be achieved through a consideration and
involvement of different social groups in the design
and application of law.
Constitution of Bangladesh
Article 34. (1) All forms of forced labour are prohibited
and any contravention of this provision shall be an
offence punishable in accordance with law.
Article 38. Every citizen shall have the right to form
associations or unions, subject to any reasonable
restrictions imposed by law in the interests of morality
or public order :
Constitution of Bangladesh
Prohibiting Discrimination :
Article 27. All citizens are equal before law and are
entitled to equal protection of law.
Article 28. (1) The State shall not discriminate against
any citizen on grounds only of religion, race, caste, sex
or place of birth.
 Article 29. (1) There shall be equality of opportunity
for all citizens in respect of employment or office in
the service of the Republic.

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