Bangladesh Labour Rules (Amendment), 2022

<!-- PAGE 5 --> **Bangladesh Gazette, Additional, September 1, 2022** **14883** **(16)** After Rule 39, the following new Rule 39A shall be inserted, namely:— **“39A. Calculation of maternity welfare benefits.**—(1) For the purpose of calculating maternity welfare benefits under Section 48(2), the total monthly wages last received by the worker shall be divided by 26 to determine the average daily wage. (2) If there is a provident fund provision in the establishment, the contribution payable to the provident fund of the maternity welfare beneficiary shall be deducted from her entitled benefits in accordance with the provisions of the law.”; **(17)** Rule 43 shall be replaced by the following Rule 43, namely:— **“43. Whitewashing and painting.**—In accordance with Section 51(gh), all internal walls, partitions, ceilings, staircases, and passageways of every establishment shall be painted and varnished, and if the exterior is smooth, they shall be cleaned once every fourteen months with water, brush, and detergent, and the date of completion of such work shall be recorded in the register in Form-20 for the purpose of Section 51(ṅ).”; **(18)** In sub-rule (6) of Rule 50, the full stop (।) at the end shall be replaced by a colon (:), and thereafter the following new proviso shall be added, namely:— “Provided that in establishments where the supplied drinking water is at a normal drinkable temperature, there shall be no requirement to cool the water through a cooling device.”; **(19)** In Rule 53— (a) after sub-rule (1), the following new sub-rule (1A) shall be inserted, namely:— “(1A) If it appears to the owner that any building or part thereof, or any pathway, machinery, plant, or the internal electrical condition of a building in any establishment is in such a state as to be dangerous to human life or safety, the owner shall, at his own responsibility, inform the concerned Deputy Chief Inspector in writing and ensure that remedial measures are taken by having it inspected by a recognized engineer or engineering firm.”; (b) after sub-rule (3), the following new sub-rule (4) shall be inserted, namely:— “(4) If the owner or authority fails to close any building or part thereof, or any pathway, machinery, or plant of the establishment within the timeframe provided by the Inspector, the local administration may, in coordination with the concerned department, take necessary measures to close such building or part thereof, or any pathway, machinery, or plant.”; <!-- PAGE 6 --> **14884 Bangladesh Gazette, Additional, September 1, 2022** **(20)** In sub-rule (12) of Rule 55, the number ‘500’ shall be replaced by ‘300’, and after the word ‘trained’, the word ‘safety’ shall be inserted; **(21)** In the proviso of Rule 59, the full stop (।) shall be replaced by a colon (:), and thereafter the following new proviso shall be added, namely:— “Further provided that where machinery is required to be placed in contact with a wall and no worker is required to work adjacent to the wall, the provisions regarding the distance of machinery from the wall shall not apply.”; **(22)** In clause (d) of sub-rule (1) of Rule 60, the word ‘Government’ shall be replaced by ‘Chief Inspector’; **(23)** In paragraph (k) of the explanation of Rule 62, the word ‘Government’ shall be replaced by ‘Chief Inspector’; **(24)** In sub-rule (1) of Rule 68— (a) the word ‘and’ at the end of clause (c) shall be omitted; (b) the full stop (।) at the end of clause (h) shall be replaced by a semicolon (;), and thereafter the following new clauses (d), (e), (ẏ), and (t̤) shall be added, namely:— “(d) processing of tobacco products; (e) preparation, storage, and use of any flammable chemical substances; (ẏ) battery electrification; and (t̤) operation of boilers, generators, compressors, conveyor belts, cargo lifts, cranes, etc.”; **(25)** In sub-rule (1) of Rule 69— (a) after the word ‘Chief Inspector’ in clause (k), the words ‘or the concerned Inspector’ shall be inserted; and (b) in clause (g), the words ‘concerned Inspector’ shall be replaced by ‘Director General or the concerned officer’; **(26)** In Rule 70, the words and figure ‘7 days’ shall be replaced by ‘2 working days’, and the word ‘authority’ shall be replaced by ‘Chief Inspector’; **(27)** In Rule 71, the word ‘authority’ shall be replaced by ‘Chief Inspector’; **(28)** In sub-rule (2) of Rule 73, the words and figure ‘10 working days’ shall be replaced by ‘15 days’; <!-- PAGE 7 --> **Bangladesh Gazette, Additional, September 1, 2022** **14885** **(29)** Rule 75 shall be replaced by the following Rule 75, namely:— **“75. Supplementary rules on safety.**—(1) To ensure the safety of workers employed in any establishment and to fulfill the purpose of clause (k) of Section 88, the owner of the establishment shall— (a) assess workplace risks at least once every year through an authority declared by the Chief Inspector and inform the concerned Deputy Chief Inspector of the area; (b) take necessary measures to mitigate the identified workplace risks and inform the concerned Deputy Chief Inspector of the area at least 30 (thirty) days before the end of the year. (2) In the case of premises, vehicles, ships, loading and unloading of goods at river and seaports, construction and demolition of buildings, bridges, and other structures, the provisions of Schedule-3 shall be followed regarding occupational safety and health of workers.”; **(30)** In the proviso of sub-rule (1) of Rule 77, the full stop (।) shall be replaced by a colon (:), and thereafter the following new proviso shall be added, namely:— “Further provided that if workers in any establishment work in three shifts, a Diploma-certified Medical Assistant shall be present in place of a registered medical practitioner during the night shift.”; **(31)** In sub-rule (1) of Rule 78— (a) after the words and letter ‘training and’ in sub-clause (a) of clause (gh), the words ‘use of sanitary napkins by female workers’ shall be inserted; and (b) after clause (gh), the following new clause (ṅ) shall be added, namely:— “(ṅ) The name, address, and contact number of the hospital contracted with the factory shall be displayed at the factory gate or notice board.”; **(32)** Sub-rule (4) of Rule 79 shall be replaced by the following sub-rule (4), namely:— “(4) Within 15 (fifteen) days of the appointment of a Welfare Officer or the termination of his employment, the manager or owner of the factory or establishment shall inform the Chief Inspector or the Inspector authorized by him and the Director General or the officer authorized by him in writing, and the vacant post shall be filled as soon as possible.”; <!-- PAGE 8 --> **14886** **Bangladesh Gazette, Additional, September 1, 2022** **(33)** In Rule 81— (a) the full stop (।) at the end of sub-rule (4) shall be replaced by a colon (:), and thereafter the following new proviso shall be added, namely:— “Provided that if a trained safety officer is present in the factory or industrial establishment, he shall be a member of the owner’s side of the Safety Committee and shall act as the Member-Secretary of the Committee.”; (b) sub-rule (10) shall be replaced by the following sub-rule (10), namely:— “(10) In the event of any unavoidable reason or failure to take initiative for the nomination of worker representatives to the Safety Committee under sub-rules (8) and (9), upon being informed of such matter, the Chief Inspector or his duly authorized representative shall request the owner of the concerned establishment to form a participatory committee and nominate worker representatives: Provided that in such case, the joint bargaining representative of the factory or establishment or the participatory committee, after its formation, shall nominate the worker representatives to the Safety Committee within 30 (thirty) days in accordance with sub-rules (8) and (9).”; **(34)** Sub-rule (1) of Rule 82 shall be replaced by the following sub-rule (1), namely:— “(1) If any member of the Safety Committee resigns, retires, leaves employment, dies, or the membership becomes vacant for any other valid reason after the formation of the Safety Committee, the CBA or participatory committee shall nominate a worker representative from among the workers, and the owner’s side shall nominate an owner representative.”; **(35)** Rule 83 shall be replaced by the following Rule 83, namely:— --- Here is the translated text: ---

(2) The subsequent committee shall be formed within 45 (forty-five) days prior to the expiry of the term, and the newly formed committee shall assume its responsibilities after the expiry of the term of the previous committee. (36) In the proviso of sub-rule (1) of Rule 87, the number, parenthesis, and word ‘30 (thirty)’ shall be replaced by the number, parenthesis, and word ‘20 (twenty)’; <!-- PAGE 9 --> **Bangladesh Gazette, Additional, September 1, 2022** **14887** (37) Rule 93 shall be replaced by the following Rule 93, namely:— “93. Standard of Dining Room.—The design, standard, and size of the dining room shall be approved by the Chief Inspector or an Inspector authorized by him.” (38) In sub-rule (1) of Rule 98, the words ‘each worker’ shall be replaced by the words ‘all persons working’; (39) In Rule 99— (a) In sub-rule (2), the words ‘half an hour every two hours’ shall be replaced by the words ‘fifteen minutes every hour’; (b) In sub-rule (3), the word ‘including overtime’ shall be replaced by ‘including extended hours (overtime)’; (40) In sub-rule (2) of Rule 101, the full stop (।) at the end shall be replaced by a colon (:), and thereafter the following new proviso shall be added, namely:— “Provided that if workers wish to combine their weekly holiday with festival leave by working on the weekly holiday, the above provision shall not apply, and it shall be considered as exemption under Section 102: Further provided that if a worker works on a weekly holiday and his employment is terminated before availing festival leave, he shall be entitled to wages equivalent to such leave, and in this case, one day’s wage shall be calculated by dividing the total wages (excluding overtime allowance and bonus) by 30.”; (41) In Rule 103— (a) In sub-rule (1), the full stop (।) at the end shall be replaced by a colon (:), and thereafter the following new proviso shall be added, namely:— “Provided that necessary transport arrangements along with security shall be ensured.”; (b) In sub-rule (2), the number, parenthesis, and word ‘12 (twelve)’ shall be replaced by the number, parenthesis, and word ‘1 (one)’; (42) In the proviso of sub-rule (2) of Rule 107, the full stop (।) at the end shall be replaced by a colon (:), and thereafter the following new proviso shall be added, namely:— “Further provided that for the calculation of annual leave, the total monthly wages (excluding overtime allowance and bonus) shall be divided by 30 (thirty) and multiplied by the number of days of annual leave to calculate the wages for annual leave.”; <!-- PAGE 10 --> **14888** **Bangladesh Gazette, Additional, September 1, 2022** (43) After sub-rule (4) of Rule 110, the following new sub-rule (5) shall be added, namely:— “(5) For the calculation of compensatory wages under sub-section (3) of Section 118, the monthly basic wage and dearness allowance, and ad hoc or interim wages (if any), shall be divided by 30 (thirty) to calculate one day’s compensatory wage.”; (44) In the proviso of sub-rule (5) of Rule 111, the full stop (।) at the end shall be replaced by a colon (:), and thereafter the following new proviso shall be inserted, namely:— “Further provided that in cases where no minimum wage declared by the Government is applicable, the basic wage of a worker shall not be less than 50% of the gross (total) wages, and the rate of annual wage increase shall not be less than 5% of the basic wage.”; (45) In the heading of Rule 118, the words ‘Payment of unpaid wages and other dues of deceased worker’ shall be replaced by the words ‘Payment of unpaid wages and other dues of deceased or missing worker’; (46) In the heading and sub-rule (1) of Rule 119, the words ‘or missing’ shall be inserted after the word ‘deceased’; (47) In sub-rule (3) of Rule 128, the words ‘Directorate of Inspection for Factories and Establishments, if necessary’ shall be replaced by the words ‘Directorate of Inspection for Factories and Establishments and the Department of Labour, if necessary’; (48) After Rule 144, the following new Rule 144A shall be inserted, namely:— “144A. Determination of Compensation Rate—For the purpose of Section 161(3), the Chief Inspector shall determine the rate of compensation after hearing the statements of both parties.”; (49) In Rule 167— (a) In sub-rule (4), the number, parenthesis, and word ‘400 (four hundred)’ shall be replaced by the number, parenthesis, and word ‘300 (three hundred)’; (b) After sub-rule (4), the following new sub-rule (5) shall be added, namely:— “(5) In determining the area of a group of establishments, a group of establishments may be formed based on upazila, thana, district, or ward in the case of city corporations.”; (50) Sub-rules (2) and (3) of Rule 168 shall be omitted; <!-- PAGE 11 --> **Bangladesh Gazette, Additional, September 1, 2022** **14889** (51) In Rule 169— (a) The table in sub-rule (1) shall be replaced by the following new table, namely:— | Number of General Members | | | Number of Executive Committee Members | |---------------------------|---|---|----------------------------------------| | Not exceeding 50 | | | Not less than 5 | | 51 | to | 100 | Not exceeding 9 | | 101 | to | 200 | Not exceeding 13 | | 201 | to | 400 | Not exceeding 19 | | 401 | to | 800 | Not exceeding 23 | | 801 | to | 1500 | Not exceeding 25 | | 1501 | to | 3000 | Not exceeding 27 | | 3001 | to | 5000 | Not exceeding 29 | | 5001 | to | 7500 | Not exceeding 31 | | 7500 | and above | Not exceeding 35 | (b) After sub-rule (4), the following explanation and new sub-rules (5), (6), and (7) shall be added, namely:— “Explanation.—For the purpose of this sub-rule, ‘public sector industry’ means— (a) ‘Public sector industrial establishment producing goods’ as defined in Section 2(g) of the Public Sector Industrial Establishment Workers (Terms of Employment) Act, 2018; (b) Bangladesh Water Development Board; (c) Bangladesh Power Development Board; and (d) All state-owned establishments where trade union activities exist.”; (5) If any complaint regarding any kind of complexity related to the election of a trade union or federation is submitted to the Department of Labour, the Director-General or an officer authorized by him shall, within 30 (thirty) days of receiving the complaint, direct the concerned union or federation to complete the election within the next 30 (thirty) working days in accordance with the constitution of the concerned union or federation and the existing labour laws, after holding discussions with the concerned union or federation and the complainants. (6) The Director-General or an officer authorized by him shall have the right to file a complaint in the Labour Court for taking necessary legal action regarding such union or federation. <!-- PAGE 12 --> **14810** **Bangladesh Gazette, Additional, September 1, 2022** (7) After receiving the results of the executive committee election, the Director-General shall verify the necessary records and inform the concerned parties after recording them.”; (52) After sub-rule (2) of Rule 172, the following new sub-rule (3) shall be added, namely:— “(3) After the registration of a union, the Director-General or the responsible officer shall inform the concerned establishment within 15 (fifteen) working days, and the concerned trade union shall also inform the employer or establishment within 15 days.”; (53) In Rule 173— (a) In sub-rule (2), the words ‘Labour Director’ shall be replaced by the word ‘Director-General’; (b) In sub-rule (4), the words ‘Labour Director’s’ shall be replaced by the word ‘Director-General’s’; (54) In Rule 174— (a) In the heading, the words ‘or constitution’ shall be inserted after the word ‘address’; (b) In sub-rule (1), the words ‘any trade union’ shall be followed by the words ‘amendment of the constitution of the trade union or change of office-bearers or’, and the words ‘Labour Director’s’ shall be replaced by the word ‘Director-General’s’; (c) In sub-rule (2), the words ‘Labour Director’ shall be replaced by the word ‘Director-General’; (55) In Rule 176— (a) In sub-rule (1), the words ‘Labour Director’s’ shall be replaced by the word ‘Director-General’s’, and the words ‘Labour Director’ shall be replaced by ‘Director-General’; (b) In sub-rule (2), the words ‘Labour Director’ shall be replaced by the word ‘Director-General’ in both instances; (c) After sub-rule (3), the following new sub-rule (4) shall be added, namely:— “(4) If the annual return could not be submitted due to a case pending in court or reasons beyond the scope of the trade union, the outstanding return may be submitted within 6 (six) months after the cessation of such circumstances.”; <!-- PAGE 13 --> **Bangladesh Gazette, Additional, September 1, 2022** **14891** (56) In Rule 177— --- Here is the translated text: --- (a) In **sub-rule (2)**, the words **"Labour Director"** shall be replaced by the word **"Director General"**; (b) After **sub-rule (3)**, the following new **sub-rule (4)** shall be inserted, namely:— “(4) In the event of any dispute arising in connection with CBA elections, the Director General or any officer authorized by him shall take necessary steps for the resolution of the dispute with the concerned parties, and if such resolution is not possible, the Director General or any party may file a complaint in the court.”; (57) In **Rule 178**— (a) In **sub-rule (1)**, the words **"Labour Director"** shall be replaced by the word **"Director General"**; (b) In **sub-rule (2)**, the words **"Labour Director"** shall be replaced by the word **"Director General"**; (58) In **Rule 181**, in **sub-rule (3)**, the words **"Labour Director"** shall be replaced by the word **"Director General"**; (59) In **Rule 182**, in **sub-rule (3)**, the words **"Labour Director"** shall be replaced by the word **"Director General"**; (60) In **Rule 183**— (a) The word **"permanent"** in **sub-rule (1)** shall be omitted; (b) In **sub-rule (2)**, the full stop (।) at the end shall be replaced by a colon (:) and thereafter the following new proviso shall be added, namely:— “Provided that the worker-side members of the Participation Committee must be permanent workers of the factory.”; (c) In the table under **sub-rule (3)**, the number **"1"** in the first column shall be replaced by the number **"50"**; (d) After **sub-rule (3)**, the following new **sub-rule (4)** shall be inserted, namely:— “(4) There shall be no requirement to form a Participation Committee in any establishment where a trade union exists: Provided that if a Participation Committee is already functioning in an establishment prior to the formation of a trade union, all activities of the existing Participation Committee shall cease immediately upon the formation of the trade union.”; (61) **Rule 184** shall be omitted; <!-- PAGE 14 --> 14812 Bangladesh Gazette, Additional, September 1, 2022 (62) **Rule 186** shall be omitted; (63) In **Rule 187**— (a) In the heading, the words **"to the Labour Director"** shall be replaced by the word **"to the Director General"**; (b) In **sub-rule (1)**, the words **"to the Labour Director"** shall be replaced by the word **"to the Director General"**; (c) In **sub-rule (2)**, the words **"Labour Director"** shall be replaced by the word **"Director General"**, and the words **"shall not be able to influence"** shall be replaced by the words **"shall not influence"**; (d) In **sub-rule (3)**, the words **"to the Labour Director"** shall be replaced by the word **"to the Director General"**; (64) In **Rule 188**— (a) In **sub-rule (1)**, the words **"of the Labour Director"** shall be replaced by the word **"of the Director General"**; (b) **Sub-rule (2)** shall be replaced by the following **sub-rule (2)**, namely:— “(2) The election conducting committee referred to in sub-rule (1) shall include not more than one representative from the employer’s side.”; (c) In the proviso to **sub-rule (3)**, the full stop (।) at the end shall be replaced by a colon (:) and thereafter the following new proviso shall be added, namely:— “Further provided that if the election cannot be held within the prescribed 30 days, the election conducting committee may extend the time by another 30 days.”; (65) In **Rule 190**, in **sub-rule (2)**, the words **"Labour Director"** shall be replaced by the word **"Director General"**; (66) After **sub-rule (5)** of **Rule 193**, the following new **sub-rules (6)** and **(7)** shall be inserted, namely:— “(6) The election conducting committee shall nominate the necessary Presiding Officer, Polling Officer, etc., for conducting the election. (7) The employer or worker may, if necessary, deposit Tk. 1000 (one thousand) in the government treasury by challan and obtain certified copies of the Participation Committee’s certificate and other documents.”; (67) In **Rule 197**, after the word **"formed"** in **sub-rule (2)**, the word **"previously"** shall be inserted; (68) **Sub-rule (3)** of **Rule 198** shall be omitted; <!-- PAGE 15 --> Bangladesh Gazette, Additional, September 1, 2022 14863 (69) **Sub-rule (4)** of **Rule 200** shall be omitted; (70) In **Rule 201**, in **sub-rule (2)**, the words **"Labour Director"** shall be replaced by the word **"Director General"**; (71) In **Rule 204**— (a) In **sub-rule (2)**, the words **"considering the members who pay subscription as voters"** shall be replaced by the words **"with the participation of all workers"**; (b) In **sub-rule (5)**, the words **"to the Labour Director"** shall be replaced by the word **"to the Director General"**; (72) In **Rule 205**, in **sub-rule (5)**, the words **"Labour Director"** shall be replaced by the word **"Director General"**; (73) After **Rule 211**, the following new **Rule 211A** shall be inserted, namely:— “211A. Library and seating arrangements.—Every court shall have necessary arrangements, including a reference library, for the seating of its members.”; (74) In **Rule 212**, in **sub-rule (1)**, the full stop (।) at the end shall be replaced by a colon (:) and thereafter the following new proviso shall be added, namely:— “Provided that if a Central Fund is established for the fully export-oriented industrial sector, the provision for workers’ participation in the company’s profits shall not apply.”; (75) In **Rule 213**— (a) In **sub-rule (3)** and its proviso, the word **"Secretary"** shall be replaced by the word **"Director General"**; (b) In **sub-rule (4)**, the word **"of the Secretary"** shall be replaced by the word **"of the Director General"**; (76) In **Rule 215**— (a) **Sub-rule (1)** shall be replaced by the following **sub-rule (1)**, namely:— “(1) For the purpose of availing benefits from the Central Fund, ‘beneficiary’ shall mean any person, including an apprentice, who has been employed in an establishment under the Central Fund for 9 (nine) months, irrespective of rank, excluding the owner, partner, or member of the Board of Directors: Provided that the provisions of Section 99 shall apply to establishments not covered under the Central Fund.”; (b) **Sub-rule (2)** shall be replaced by the following **sub-rule (2)**, namely:— “(2) The organization of employers in the fully export-oriented industrial sector shall maintain a database of all beneficiaries and, upon request, provide the list of their successors to the Central Fund Management Board.”; (c) In **sub-rule (4)**, the full stop (।) at the end shall be replaced by a colon (:) and thereafter the following new proviso shall be added, namely:— “Provided that for the implementation of any special social security or welfare project under Rule 214(1)(d), donations received from any domestic or foreign individual or organization may be utilized for the social security protection or other welfare projects of the beneficiaries by maintaining a separate account, without depositing such donations in the ‘Beneficiary Welfare Account’ or ‘Emergency Account’.”; (77) Clauses (g), (gh), (um), and (ch) of **Rule 218** shall be replaced by the following clauses (g), (gh), (um), (ch), (chh), (j), and (jh), and thereafter two new provisos shall be added, namely:— “(g) The two Presidents of the two highest foreign exchange-earning export-oriented industrial sector employer associations, ex-officio, who shall also be its Vice-Chairmen; (gh) One representative from the Workers’ Federation, who shall also be a Vice-Chairman; (um) Three members nominated by the employer organizations of the export-oriented industrial sector; (ch) The Director General of the Department of Labour and the Chief Inspector of Factories and Establishments, who shall be members of the Management Board; (chh) One representative from the Bangladesh Employers’ Federation (BEF), who shall be a member of the Management Board; (j) Five members nominated by the Government from the Workers’ Federations of the relevant export-oriented industrial sector, including the member mentioned in clause (gh); (jh) The Director General of the Board, who shall also be its Member Secretary: Provided that if any project for social security protection or other welfare activities is implemented with donations received under Rule 214(1)(d), the Management Board shall form a separate board or tripartite committee comprising representatives of the Government, relevant industrial sector employer organizations, and workers’ organizations for the management of such projects and funds, and the donor agency may have an observer in such board or committee: Further provided that the said board or tripartite committee may formulate regulations through tripartite consensus for its scope of work and the management of the donated funds.”; <!-- PAGE 17 --> Bangladesh Gazette, Additional, September 1, 2022 14865 (78) In **Rule 223**— Here is the translated text: --- (ka) In the title, the word **"Secretary"** shall be replaced by the word **"Director General"**; (kha) In sub-rule (1), the word **"Secretary"** shall be replaced by the word **"Director General"**; (ga) In sub-rule (2), the word **"Secretary"** shall be replaced by the word **"Director General"**; (gha) In sub-rule (5), the word **"Secretary’s"** shall be replaced by the word **"Director General’s"**; (79) In sub-rules (1) and (2) of Rule 224, the word **"Secretary"** shall be replaced by the word **"Director General"**; (80) In sub-rule (5) of Rule 238, the words **"Chief Inspector of the Department of Inspection for Factories and Establishments or the designated officer"** shall be replaced by the words **"Director General of the Department of Labour or the officer designated by him"**; (81) In Rule 254— (ka) In sub-rule (2), the words **"in the Department of Inspection for Factories and Establishments"** shall be replaced by the words **"in the Department of Labour"**; (kha) In sub-rule (3), the words **"of the Department of Inspection for Factories and Establishments"** shall be replaced by the words **"of the Department of Labour"**; (82) In sub-rule (2) of Rule 314, the words **"in the Department of Inspection for Factories and Establishments"** shall be replaced by the words **"in the Department of Labour"**; (83) In Rule 350— (ka) In the title, the words **"Labour Director"** shall be replaced by the word **"Director General"**; (kha) In sub-rule (1), the words **"Labour Director"** shall be replaced by the word **"Director General"**; (ga) In sub-rule (1)— (a) In clause (gha), the words **"Chapter Thirteen"** shall be replaced by the words **"Chapter Thirteen, Chapter Fourteen, and Chapter Sixteen"** along with the comma; (ā) In clause (cha), after the word **"settlement"**, the words and comma **"settlement of industrial disputes or labour unrest,"** shall be inserted; <!-- PAGE 18 --> 14866 Bangladesh Gazette, Additional, September 1, 2022 (i) In clause (ja), the full stop (**।**) at the end shall be replaced by a semicolon (**;**), and thereafter, the following new clauses (jha), (ña), and (ṭa) shall be added, namely:— “(jha) If any complaint regarding any complexity in the election of a trade union, CBA, or federation is lodged with the Department of Labour, the Director General shall, within 30 (thirty) days of receiving the complaint, issue directives to complete the election within the next 30 (thirty) working days in accordance with the constitution of the concerned union or federation and the labour law, after discussion with the concerned union or federation and the complainant; (ña) Filing a complaint with the Labour Court for necessary legal action regarding the union or federation mentioned in clause (jha); (ṭa) Undertaking various activities, including those related to improving the quality of life of workers, such as healthcare, maternity welfare benefits, family planning programmes, recreation, social security, research and statistics related to labour administration, and other relevant initiatives.”; (84) In Rule 351— (ka) In clause (cha) of sub-rule (1), the words **"and trade union"** shall be omitted; (kha) In clause (cha) of sub-rule (1), the full stop (**।**) at the end shall be replaced by a semicolon (**;**), and thereafter, the following new clause (chha) shall be added, namely:— “(chha) The inspection report on the measures taken by establishments to implement the guidelines prepared by the National Health and Safety Council under Section 323(6) shall be submitted to the National Health and Safety Council every 3 (three) months.”; (85) Sub-rule (2) of Rule 355 shall be replaced by the following sub-rule (2), namely:— “(2) The duration of each licence shall remain valid for 1 (one) year from the date of its grant.”; (86) Sub-rule (2) of Rule 358 shall be replaced by the following sub-rule (2), namely:— “(2) If it appears to the Inspector that any establishment or any part thereof, or any matter, practice, or system connected with or controlled by it is dangerous to human life and safety or is so defective as to cause physical harm to humans, the Chief Inspector or the officer authorised by him may issue an order to temporarily suspend the licence and halt production until the workplace is made safe, and a copy of such notice may be sent to the law enforcement agencies and other relevant government departments or agencies.”; <!-- PAGE 19 --> Bangladesh Gazette, Additional, September 1, 2022 14897 (87) After the word **"head"** in Rule 360, the words **"or in the code prescribed by the Government"** shall be added, and after the word **"shall"**, the words **"or the fee may also be paid through electronic payment"** shall be inserted; (88) After Rule 361, the following new Rule 361K shall be inserted, namely:— “361K. Treatment of Women.—(1) No establishment where women are employed shall engage in sexual harassment, indecent behaviour, or any obscene or discourteous conduct that violates the dignity and modesty of women. Explanation.—For the purposes of this sub-rule, obscene or discourteous conduct and sexual harassment shall include the following behaviours, namely:— (ka) Unwanted sexual behaviour such as physical contact or similar attempts; (kha) Attempts to establish sexual relations by using institutional and professional authority; (ga) Remarks involving sexual harassment or abuse; (gha) Illegal proposals for sexual favours; (ṅa) Showing pornography; (cha) Making sexually suggestive comments or jokes; (cha) Harassing through obscene jokes, language, or comments, approaching or following a person unnoticed for indecent purposes, or using sexually suggestive language in jest or mockery; (ja) Writing anything sexually suggestive or defamatory on letters, telephones, mobiles, SMS, pictures, notices, cartoons, chairs, tables, notice boards, office or bathroom walls; (jha) Recording still or video images for blackmail or character assassination; (ña) Forcing someone to refrain from participating in cultural or institutional activities due to sexual harassment; (ṭa) Threatening or pressuring someone after a rejected love proposal; (ṭha) Attempting to establish sexual relations through intimidation, false promises, or deception. (2) Every workplace shall form a 5 (five)-member complaint committee on the prevention of sexual harassment, headed by a woman, with a majority of women representatives from within the establishment. <!-- PAGE 20 --> 14898 Bangladesh Gazette, Additional, September 1, 2022 (3) The establishment shall prepare guidelines for the prevention of sexual harassment and provide them to all employees, and every workplace shall maintain a complaint box and record and dispose of all received complaints in a register.”; (89) Rule 363 shall be replaced by the following Rule 363, namely:— “363. Maintenance of Records.—(1) For the purposes of the Act and these Rules, the management authority shall preserve the relevant records for the next (3) years, and the Workers’ Welfare Foundation shall preserve the records related to unpaid claims of workers deposited in the Workers’ Welfare Foundation for 10 (ten) years. (2) All documents preserved under sub-rule (1) may be stored digitally, and printed copies may be provided when necessary.”; (90) In Rule 364— (ka) After the word **"Chief Inspector"** in the title, the words **"and Director General"** shall be inserted; (kha) After the words **"Chief Inspector and the concerned Deputy Chief Inspector"**, the words **"and the Director General and the concerned Director or Deputy Director"** shall be inserted; (91) In Rule 366— (ka) The words **"Labour Director"** appearing twice shall be replaced by the word **"Director General"**, and the number **"30"** shall be replaced by the number **"55"**; (kha) Thereafter, the following new Rule 366K shall be inserted, namely:— “366K. Training on the Act.—(1) The institutes for industrial relations established or authorised by the Government shall conduct training courses on this Act. (2) Any owner of an establishment or any officer or worker of the establishment designated by him may participate in such training courses if invited by the institute for industrial relations. (3) The institutes for industrial relations may conduct training courses on the Act and the Rules for durations of 4 (four) weeks, 1 (one) week, 2 (two) days, 1 (one) day, or any other duration determined by the Director General in consultation with the concerned owners and workers’ representatives.”; <!-- PAGE 21 --> Bangladesh Gazette, Additional, September 1, 2022 14899 Here is the translated text: --- (4) In the case of 1 (one) day and 2 (two) day training courses mentioned in sub-rule (3), the Industrial Relations Institutes may conduct subject-based training courses on laws and rules. (5) The Industrial Relations Institute within its jurisdiction may allow participation of factories and establishments, trade unions, and employers' associations in at least one training course conducted annually on laws and regulations or any specific subject thereof. (6) Members of the Safety Committee and Participation Committee formed under the existing law may participate at least once a year in the relevant training organized by the Industrial Relations Institute within its jurisdiction and shall receive certification issued by the head of the Industrial Relations Institute to this effect. (7) The Director-General shall determine the proportional rate of expenditure for any training course in consultation with the employers' organizations. (8) The authority of the Industrial Relations Institute may, with prior approval of the Government and subject to permission from any Education Board or Technical Education Board established by law of the Government, introduce a Diploma course on ‘Diploma in Labour Management and Labour Administration’. (92) In Schedule-4— (a) In clause (92), in sub-clause (g), the full stop (।) at the end shall be replaced by a semicolon (;) and thereafter the following new sub-clause (gh) shall be added, namely:— “(gh) The employer shall bear the expenses for the operation of the Safety Committee.”; (b) In clause (93), in sub-clause (gh), the full stop (।) at the end shall be replaced by a semicolon (;) and thereafter the following new sub-clause (ṅ) shall be added, namely:— “(ṅ) Within 60 (sixty) days after the election of the new Safety Committee, the employer shall arrange necessary training for all members of the committee to properly perform or implement their duties and responsibilities.”; <!-- PAGE 22 --> 14900 Bangladesh Gazette, Extraordinary, September 1, 2022 (93) In Schedule-5— (a) In clause 3, in sub-clause (g), the full stop (।) shall be replaced by a semicolon (;) and thereafter the following new sub-clause (gh) shall be added, namely:— “(gh) All Labour Welfare Centres, Regional Labour Offices, Divisional Labour Offices, and Industrial Relations Institutes under the Department of Labour shall encourage workers' cultural activities.”; (b) In clause 4, in sub-clause (k), the word ‘one’ shall be replaced by the words ‘one or more’; (c) In clause 7— (i) In sub-clause (6), in paragraph (k), the words ‘one month’ shall be replaced by the words, figures, and brackets ‘60 (sixty) days’; (ii) In sub-clause (6), in paragraph (kh), in the conditional part and in paragraph (ṅ), the word ‘employee’ shall be replaced by the word ‘worker’; (iii) In sub-clause (6), in paragraph (gh), the words, figures, and brackets ‘1 (one) month’ shall be replaced by the words, figures, and brackets ‘60 (sixty) days’; (iv) In sub-clause (6), in paragraph (kh), after the word ‘may’, the words ‘and may use the said accommodation after informing the authority’ shall be inserted; (v) In sub-clause (6), in paragraph (ṅ), after the word ‘may’, the words ‘and may use the said accommodation after informing the authority’ shall be inserted; (94) In Form-1, against serial number 18, the words ‘provision for annual salary or wage increase’ shall be replaced by the words ‘salary and wage structure and provision for annual salary or wage increase’; (95) In Form-6, in the table on the reverse page under the heading, the words ‘National Identity Card No.’ shall be replaced by the words ‘National Identity Card No./Birth Registration Number’; (96) In Form-7, the headings ‘(b) Part II, Pages 2-5’ and ‘(c) Part III, Pages 6-9’ and their respective tables shall be replaced by the following headings and tables, namely:— <!-- PAGE 23 --> Bangladesh Gazette, Extraordinary, September 1, 2022 14901 “(b) Part II, Pages 2-5 Employer and Employment Information | Name and Address of Factory/Establishment | Name of Owner/Management Authority | Date of Joining | Date of Resignation/Termination | Type/Reason for Resignation/Termination | Signature of Owner/Authorized Person | Signature/Thumb Impression of Worker | |--------------------------------------------|------------------------------------|-----------------|---------------------------------|------------------------------------------|--------------------------------------|---------------------------------------| | (1) | (2) | (3) | (4) | (5) | (6) | (7) | | | | | | | | | (c) Part III, Pages 6-9 Service Record and Information on Wages and Allowances | Date of Commencement in Current Position | Job Title and Card No. | Monthly Wage Rate | | | | Other Allowances | Total, Defence Fund (if any) | Worker’s Contribution | Employer’s Contribution | Signature of Owner/Authorized Person | Signature/Thumb Impression of Worker | |------------------------------------------|-------------------------|-------------------|---|---|---|------------------|-------------------------------|-----------------------|-------------------------|--------------------------------------|---------------------------------------| | (1) | (2) | (3) | | | | (4) | (5) | (6) | (7) | (8) | (9) | | | | Basic Wage | House Rent Allowance | Medical Allowance | Bonus (if any) | | | | | | | | | | Taka | | | | Taka | Taka | Taka | Taka | | | (97) In Form-43, the words ‘receipt acknowledging deposit of money in court’ shall be replaced by the words ‘receipt acknowledging deposit of money in court/welfare fund’ and the words ‘signature on behalf of the Labour Court’ shall be replaced by the words ‘signature on behalf of the Welfare Fund/Labour Court’; (98) Form 56(Ch) shall be replaced by the following Form 56(Ch), namely:— ‘Form-56(Ch) [See Section 178(2)(3) and Rule 168(5)] Details of Trade Union Officials | Serial No. | Name | Mother’s and Father’s/Husband’s Name | Age | Address | | Designation in the Union | Designation in the Establishment | Token/Card No. (if any) | Remarks | |------------|------|---------------------------------------|-----|---------|---|---------------------------|----------------------------------|-------------------------|---------| | | | | | Permanent | Present | | | | | | (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | | | | | | | | | | | | Signature and Seal of the President Signature and Seal of the General Secretary’; <!-- PAGE 24 --> 14902 Bangladesh Gazette, Extraordinary, September 1, 2022 (99) Form 56(Chh) shall be replaced by the following Form 56(Chh), namely:— ‘Form-56(Chh) [See Section 178(2)(3) and Rule 168(5)] Details of Federation Officials | Serial No. | Name | Mother’s and Father’s/Husband’s Name | Age | Address | | Designation in the Federation | Token/Card No. (if any) | Remarks | |------------|------|---------------------------------------|-----|---------|---|-------------------------------|-------------------------|---------| | | | | | Permanent | Present | | | | | (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | | | | | | | | | | | Signature and Seal of the President Signature and Seal of the General Secretary’; (100) In Form 60, the words ‘Labour Director’ shall be replaced by the word ‘Director-General’; (101) Unless otherwise provided by this notification, the words ‘Labour Director’, ‘Additional Labour Director’, ‘Joint Labour Director’, ‘Deputy Labour Director’, ‘Assistant Labour Director’, and ‘Labour Officer’ wherever mentioned shall be replaced by ‘Director-General’, ‘Additional Director-General’, ‘Director’, ‘Deputy Director’, ‘Assistant Director’, and ‘Labour Officer’ respectively. By order of the President Md. Ehsan Elahi Secretary. --- Printed by Mohammad Ismail Hossain, Deputy Director (Deputy Secretary), Bangladesh Government Press, Tejgaon, Dhaka. Published by Hasina Begum, Deputy Director (Deputy Secretary), Bangladesh Forms and Publications Office, Tejgaon, Dhaka. Website: www.bgpress.gov.bd