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Bangladesh Labour (Amendment) Act, 2026

Act No. 43 of 2026

202647 pagesBangla

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Registered No. DA-1 **The Bangladesh Gazette** Extraordinary Published by Authority FRIDAY, APRIL 10, 2026 **BANGLADESH NATIONAL PARLIAMENT** Dhaka, 27th Chaitra, 1432/10th April, 2026 The following Act passed by the Parliament has received the assent of the President on the 27th Chaitra, 1432, corresponding to the 10th April, 2026, and is hereby published for general information:- **Act No. 43 of 2026** # An Act to further amend the Bangladesh Labour Act, 2006 Whereas it is expedient and necessary to further amend the Bangladesh Labour Act, 2006 (Act No. 42 of 2006) to fulfill the purposes hereinafter appearing; It is hereby enacted as follows:- ## 1. Short title and commencement. (1) This Act may be called the Bangladesh Labour (Amendment) Act, 2026. (2) It shall come into force at once. ## 2. Amendment of certain words of Act No. 42 of 2006. —In the Bangladesh Labour Act, 2006 (Act No. 42 of 2006), hereinafter referred to as the said Act, unless there is anything to the contrary, for the words “female”, “to a female”, “of a female”, “of females” and “for females” wherever they appear, the words “woman”, “to a woman”, “of a woman”, “of women” and “for women” shall be substituted respectively. (15785) Price: Taka 40.00 --- ## 3. Amendment of section 1 of Act No. 42 of 2006. -In sub-section (4) of section 1 of the said Act- (a) clause (d) shall be omitted; (b) clause (h) shall be omitted; (c) in clause (j), for the letters, commas, and brackets “(b), (c), (d), (e), (f), (g) and (h)”, the letters, commas, and brackets “(b), (c), (e), (f) and (g)” shall be substituted; (d) for clause (k), the following clause (k) shall be substituted, namely:— > “(k) seafarers (Seafarers), except in the application of Chapters XII, XIII and XIV;"; (e) for clause (m), the following clause (m) shall be substituted, namely:— > “(m) any agricultural farm where less than five workers are ordinarily employed, but for the application of Chapters XII, XIII and XIV, this prohibition shall not include any agricultural farm and all other agricultural workers;"; (f) for clause (n), the following clause (n) shall be substituted, namely:— > “(n) any domestic worker, except in the application of Chapters XII, XIII and XIV;”. ## 4. Amendment of section 2 of Act No. 42 of 2006. —In section 2 of the said Act- (a) for clause (8a), the following clause (8a) shall be substituted, namely:— > “(8a) “agricultural worker” means any person who is engaged in agricultural work or on an agricultural farm in exchange for wages on a daily, weekly, monthly, or yearly basis, or for the performance of a specific task;”; (b) after clause (8a), the following new clause (8b) shall be inserted, namely:— > “(8b) “agricultural farm” means any area where crops, fruits, flowers are produced, fish is cultivated, and poultry, cattle and animals are reared, and where at least 05 (five) workers are employed for wages;”; (c) after clause (9a), the following new clause (9b) shall be inserted, namely:— > “(9b) “Domestic Worker” means any person who performs domestic work in the employer's home on the basis of a part-time or full-time appointment, orally or in writing, in which case a mess or dormitory shall also be considered as a 'home';”; --- (d) after clause (12), the following clauses (12a) and (12b) shall be added, namely:— > “(12a) “forced or compulsory labour” means any work or service which is exacted from any person without his consent and under the menace of any penalty or by exploitative means, but the following shall not be considered as forced or compulsory labour, namely:— > (a) participation in compulsory military service under military law during a national emergency or disaster; > (b) normal service work as part of civic duties; > (c) work of a person convicted by a court order, provided that such work or service shall be carried out under the supervision and control of a public authority and such person shall not be hired out to or placed at the disposal of private individuals, companies or associations; > (d) any work or service exacted in case of emergency, such as war, fire, flood, famine, earthquake, epidemic, invasion of animal or insect pests, or any disaster threatening human life or safety; > (e) minor communal services performed for the welfare of the community, which shall be done in consultation with the members of that community or their representatives regarding the necessity thereof; > (12b) “gender-based violence and harassment” means violence and harassment in the workplace that occurs based on gender, gender identity, gender expression, or discriminatory gender sensitivity, or which has a harmful or disproportionate effect on individuals of a particular gender, gender identity or gender expression, and this includes sexual harassment;”; (e) for clause (15), the following clause (15) shall be substituted, namely:— > “(15) “trade union” means any trade union or association or society of workers or officers or employers formed and registered under Chapter XIII, and includes any trade union federation and confederation;”; --- (f) after clause (19), the following new clause (19a) shall be inserted, namely:— > “(19a) “accident” means any event occurring suddenly at the workplace or outside the workplace while performing professional duties or under the employer's jurisdiction, which results in physical injury, mental trauma, or loss of life;"; (g) for clause (23), the following clause (23) shall be substituted, namely:— > “(23) “seafarers (Seafarers)” means any person, including the master and apprentices, employed in any capacity on board a ship for the purposes of the ship;”; (h) for sub-clauses (a) and (b) of clause (30), the following sub-clauses (a) and (b) shall be substituted, namely:- > “(a) the deceased's wife or husband, minor child, unmarried daughter, widowed mother, and > (b) in case of being wholly or partly dependent on the income of the said worker at the time of his death- mother, father, widowed daughter, minor brother, unmarried or widowed sister, widowed daughter-in-law, minor child of a deceased son, minor child of a deceased daughter if her father is not alive, or if the deceased worker's father is not alive, his paternal grandfather and grandmother;”; (i) for clause (34), the following clause (34) shall be substituted, namely:— > “(34) “maternity benefit” means the wages and benefits payable to a woman worker under Chapter IV on account of her maternity, which shall be equivalent to the wages and benefits the said woman worker received from the establishment in the month prior to going on leave, provided that, for the purpose of calculating wages and benefits, the provision of sub-section (2) of section 48 shall apply;"; (j) after clause (39), the following new clause (39a) shall be inserted, namely:— > “(39a) “port authority” means the Chattogram Port Authority, Mongla Port Authority, Payra Port Authority and any other port authority declared by the Government from time to time;"; (k) for clause (40), the following clause (40) shall be substituted, namely:— > “(40) “plantation” means any area where rubber, coffee, tea, etc. are produced or preserved for commercial purposes and where at least 05 (five) workers are employed;"; --- (l) after clause (41), the following new clause (41a) shall be inserted, namely:— > “(41a) “Alternative Dispute Resolution Authority” means the authority established under section 348c;” (m) for sub-clause (b) of clause (49), the following sub-clause (b) shall be substituted, namely:- > “(b) any person responsible in writing for the management or as chief executive or manager or for administrative or supervisory functions of the said establishment;”; (n) after clause (49), the following new clause (49a) shall be inserted, namely:—“(49a) “month” means a month of the Gregorian calendar;"; (o) for clause (52), the following clause (52) shall be substituted, namely:— > “(52) “collective bargaining agent (CBA)” means such a trade union or federation or confederation in an establishment or group of establishments which is the representative of the workers for collective bargaining in that establishment, group of establishments, or at the sectoral, national or other levels under Chapter XIII;"; (p) after clause (52), the following new clause (52a) shall be inserted, namely:— > “(52a) “sexual harassment” means - > (a) any of the following conducts; namely:— > (1) unwelcome sexually suggestive behaviour (direct or by implication) such as physical contact or attempts thereof; > (2) attempting to establish a sexual relationship with someone by using institutional and professional power; > (3) sexually abusive remarks; > (4) illicit solicitation for sexual favours; > (5) showing pornography; > (6) sexually suggestive comments or gestures; > (7) harassing by indecent gestures, indecent language or comments, or approaching or following a person stealthily to fulfill an indecent purpose, teasing or ridiculing using sexually suggestive language; --- > (8) writing or drawing anything sexually suggestive and insulting on letters, telephone, mobile, SMS, pictures, cartoons, benches, chairs-tables, notice boards, office, factory walls; > (9) capturing still or video images for the purpose of blackmail or character assassination; > (10) forcibly preventing a person from participating in institutional and training activities due to refusal of sexual advances or harassment; > (11) threatening or applying pressure after a proposal of love is rejected; > (12) establishing or attempting to establish a sexual relationship through intimidation, false assurances, or deception; > (13) ‘quid pro quo harassment’, i.e., any physical, verbal or non-verbal conduct of a sexual nature and other gender-based conduct which demeans the dignity of women and men and which is unwelcome, unreasonable and offensive to the recipient, and where rejection or acceptance of such conduct is used explicitly or implicitly as a basis for influencing an individual's employment decisions; > (b) physical, verbal and non-verbal conduct of a sexual nature and conduct based on gender, gender identity, gender expression or discriminatory gender sensitivity which demeans the dignity of women and men workers and creates an intimidating, hostile, humiliating, offensive and degrading work environment;"; (q) after sub-clause (t) of clause (61), the following new sub-clause (tt) shall be inserted, namely:—“(tt) Ship breaking;”; (r) for clause (65), the following clause (65) shall be substituted, namely:— > “(65) “worker” means any person, including an apprentice, who is employed in any establishment or industry, whether the terms of employment be express or implied, directly or through a contractor, by whatever name called, for hire or reward to do any skilled, unskilled, manual, technical, trade promotional or clerical work, but includes all persons except any person employed under sub-clause (b) of clause (49) of section 2;”; --- (s) after clause (77), the following new clauses (78) and (79) shall be inserted, namely:— > “(78) “Black Listing” means any action taken by an employer or an organization of employers to create a list or database for the purpose of declaring a worker, including temporary and substitute workers, employed in that establishment or in an establishment under an organization of employers, ineligible for new employment in a factory or establishment after retrenchment, discharge, dismissal, removal, retirement or termination of service for any other reason; > (79) “violence and harassment” means all unacceptable behaviours, practices, customs, single or collective acts of persecution or threats, or verbal and physical abuse in the workplace, which may occur once or multiple times and whose purpose, result or potential consequence is physical, psychological, sexual and economic harm, and this includes gender-based violence and harassment.”. ## 5. Amendment of section 3 of Act No. 42 of 2006. —In section 3 of the said Act- (a) in sub-section (2), for the word 'ninety', the number, words and brackets “120 (one hundred and twenty)” shall be substituted; (b) for sub-section (4), the following sub-section (4) shall be substituted, namely:— > “(4) If the Inspector-General does not issue an order within the 120 (one hundred and twenty) days mentioned in sub-section (2), any person may, within 30 (thirty) days of the expiry of that period, or if aggrieved by an order issued by the Inspector-General, within 30 (thirty) days of receiving the order, apply or, as the case may be, appeal to the Government for redress, and the Government shall dispose of the said application or, as the case may be, appeal within 45 (forty-five) days of its receipt, and the decision of the Government in this regard shall be deemed final.”. ## 6. Amendment of section 4 of Act No. 42 of 2006. —In sub-section (2) of section 4 of the said Act, the full stop at the end shall be substituted by a comma, and thereafter the words and full stop “and Chapter XVIII of the Act shall apply to such workers.” shall be added. ## 7. Amendment of section 12 of Act No. 42 of 2006. -For sub-section (8) of section 12 of the said Act, the following sub-section (8) shall be substituted, namely:— > “(8) If the period of work stoppage exceeds 3 (three) working days, the concerned workers shall be laid-off and they shall be paid compensation in accordance with section 16.”. --- ## 8. Amendment of section 14 of Act No. 42 of 2006. -In section 14 of the said Act- (a) for sub-section (1), the following sub-section (1) shall be substituted, namely:— > “(1) For the purpose of this Chapter, if a worker has actually worked in an establishment for at least 240 (two hundred and forty) days in the preceding 12 (twelve) calendar months or at least 120 (one hundred and twenty) days in the preceding 6 (six) calendar months, he shall be deemed to have worked continuously for 'one year' or 'six months' respectively in that establishment.”; (b) in clause (d) of sub-section (2), for the words “sixteen weeks”, the number, words and brackets “120 (one hundred and twenty) days” shall be substituted; (c) for sub-section (3), the following sub-section (3) shall be substituted, namely:— > “(3) For the purpose of calculating compensation under section 19, 20 or 23 or wages under section 22, 23, 26 or 27, “wages” shall mean the last monthly basic wages and dearness allowance and ad-hoc or interim wages, if any, of a worker prior to his retrenchment, dismissal, removal, discharge, retirement or termination of service.”. ## 9. Amendment of section 16 of Act No. 42 of 2006. —In section 16 of the said Act- (a) for sub-section (1), the following sub-section (1) shall be substituted, namely:— > “(1) Where any worker, other than a substitute or temporary worker, whose name is borne on the muster-rolls of an establishment and who has completed at least 3 (three) months of service under the employer, is laid-off, the employer shall pay him compensation for all days during which he is so laid-off, except for weekly holidays.”; (b) for sub-section (3), the following sub-section (3) shall be substituted, namely:— > “(3) A substitute worker whose name is borne on the muster-rolls of an establishment shall not be regarded as a substitute for the purposes of this section if he has completed one year of continuous service in the establishment.”; (c) sub-section (4) shall be omitted; (d) for sub-section (5), the following sub-section (5) shall be substituted, namely:— > “(5) If a worker is laid-off, whether continuously or intermittently, for more than 45 (forty-five) days in any calendar year, and if the period of lay-off after the said 45 (forty-five) days is extended for a further 15 (fifteen) days or more, the said worker shall, unless there is a different agreement between the worker and the employer, be paid compensation for every subsequent 15 (fifteen) or more days of lay-off in accordance with the provisions of sub-section (2).”; (e) sub-section (6) shall be omitted. --- ## 10. Amendment of section 17 of Act No. 42 of 2006. -For section 17 of the said Act, the following section 17 shall be substituted, namely:— > “17. Muster-roll of laid-off workers.—Notwithstanding that workers are laid-off in an establishment, the employer shall maintain a muster-roll for them and shall make arrangements for entering therein the names of those of the laid-off workers who present themselves for work at the establishment at the normal working time: > Provided that, during the lay-off period, no other worker register shall be maintained or any worker not on the worker register shall be employed.”. ## 11. Amendment of section 19 of Act No. 42 of 2006. -In section 19 of the said Act, for the number, word and brackets “02 (two)”, the number, word and brackets “1 (one)” shall be substituted. ## 12. Amendment of section 23 of Act No. 42 of 2006. -In sub-section (3) of section 23 of the said Act, after the word “under”, the words “dismissed or” shall be added. ## 13. Amendment of section 27 of Act No. 42 of 2006. -For sub-section (4) of section 27 of the said Act, the following sub-section (4) shall be substituted, namely:— > “(4) Where a permanent worker resigns from his service under this section, the employer shall pay him compensation for every completed year of service- > (a) if he has completed up to 3 (three) years of continuous service under the employer, wages for 7 (seven) days; > (b) if he has completed more than 3 (three) years but less than 10 (ten) years of continuous service under the employer, wages for 15 (fifteen) days; > (c) if he has completed 10 (ten) years or more of continuous service under the employer, wages for 30 (thirty) days, or gratuity, if payable, whichever is higher, and the compensation shall be in addition to any other benefits payable to the worker under this Act.”. ## 14. Amendment of section 32 of Act No. 42 of 2006. -In sub-section (1) of section 32 of the said Act, for the words “sixty days”, the number, words and brackets “6 (six) months” shall be substituted. ## 15. Amendment of section 45 of Act No. 42 of 2006. -In sub-section (1) and sub-section (2) of section 45 of the said Act, for “eight weeks”, the number, words and brackets “60 (sixty) days” shall be substituted. --- ## 16. Amendment of section 46 of Act No. 42 of 2006. -In section 46 of the said Act— (a) in sub-section (1), for the words “eight weeks” and “of eight weeks”, the number, words and brackets “60 (sixty) days” and “of 60 (sixty) days” shall be substituted respectively; (b) in sub-section (2), for the word “female”, the word “expectant mother” shall be substituted. ## 17. Amendment of section 47 of Act No. 42 of 2006. -In section 47 of the said Act— (a) in sub-section (1), for the words “of eight weeks”, the number, words and brackets 'of 60 (sixty) days' shall be substituted; (b) in sub-section (2), for the word “female”, the word “expectant mother” shall be substituted; (c) for sub-section (3), the following sub-section (3) shall be substituted, namely:— > “(3) After receiving the notice mentioned in sub-section (1) or (2), the employer shall permit the concerned woman to- > (a) in the case of a notice under sub-section (1), be absent from work for up to 120 (one hundred and twenty) days with the maternity benefit due from the day following the date of its submission; > (b) in the case of a notice under sub-section (2), be absent from work for up to 120 (one hundred and twenty) days with the maternity benefit due from the date of childbirth.”; (d) in clauses (a), (b), and (d) of sub-section (4), for the words “of eight weeks” and “eight weeks”, the number, words and brackets “of 60 (sixty) days” and “60 (sixty) days” shall be substituted respectively. ## 18. Amendment of section 48 of Act No. 42 of 2006. -In section 48 of the said Act- (a) for sub-sections (1) and (2), the following sub-sections (1) and (2) shall be substituted, namely:- > “(1) The maternity benefit payable under this Chapter shall be paid entirely in cash or to a bank account or through electronic fund transfer (EFT) at the rate of daily, weekly or, as the case may be, monthly average wages, calculated in the manner mentioned in sub-section (2). > (2) For the purpose of sub-section (1), the daily average wage shall be calculated by dividing the last determined total monthly wage of the concerned expectant mother by 26 (twenty-six).”. --- ## 19. Amendment of section 49 of Act No. 42 of 2006. -In section 49 of the said Act- (a) in the marginal note, the word “woman's” shall be omitted; (b) in sub-section (1), for “of eight weeks”, the number, words and brackets “of 60 (sixty) days” shall be substituted. ## 20. Amendment of section 50 of Act No. 42 of 2006. —In section 50 of the said Act, for the words “eight weeks”, the number, words and brackets “60 (sixty) days” shall be substituted. ## 21. Insertion of section 61A of Act No. 42 of 2006. —After section 61 of the said Act, the following new section 61A shall be inserted, namely:— > “61A. Method of work.-(1) No work or production process shall be carried on and no product shall be stored in any establishment in such a manner as may cause physical injury. > (2) No employer shall compel a worker to perform such dangerous work if the worker informs his superior that the method of work may pose a serious danger to his life or health. > (3) No employer shall take any disciplinary action or any other unwarranted measure against a worker if the worker takes personal protective measures in accordance with this Act and the Occupational Safety and Health (OSH) policy and removes himself from a situation which he has reasonable cause to believe will create an imminent and serious danger. > (4) No employer shall take any disciplinary action or any other unwarranted measure against worker representatives if they take appropriate action in accordance with other existing laws and policies. > (5) If work is stopped due to occupational safety risks, the employer may, if he so wishes, assign the worker to another, relatively safer job, provided that his wages and other conditions remain the same.”. ## 22. Amendment of section 80 of Act No. 42 of 2006. —For sub-section (1) of section 80 of the said Act, the following sub-section (1) shall be substituted, namely:— > “(1) If an accident occurs in any establishment, on the way to or from the workplace, which results in loss of life or physical injury, or if there is a sudden explosion, arson, fire, or ingress of water or smoke, the employer, occupational health services, medical practitioners, and other relevant agencies shall, within 2 (two) working days of becoming aware of the incident, provide a written or digital notice in the manner prescribed by rules to the concerned Inspector of the Department of Inspection for Factories and Establishments and the responsible officer of the concerned regional labour office or divisional labour office of the Department of Labour: --- > Provided that, immediately after such an incident occurs, the factory authorities shall, for the purpose of taking immediate necessary measures to minimize potential damage or bring the situation under control, inform the Government, Fire Service, Department of Inspection for Factories and Establishments, police station, and, if necessary, the nearest hospital or public-private medical service institution by telephone, mobile phone, SMS or fax. > Explanation-In the case of accidents "on the way to or from the workplace", such notice shall be used for statistical purposes only. Accidents on the way to or from the workplace are outside the scope of accidents mentioned in clause (19a) of section 2 and section 150 and are not related to any liability.”. ## 23. Substitution of section 81 of Act No. 42 of 2006. —For section 81 of the said Act, the following section 81 shall be substituted, namely:— > “81. Notice of certain dangerous occurrences.-Where any dangerous occurrence prescribed by rules occurs in an establishment, whether or not any physical injury is caused, the employer shall, within the next 3 (three) days, inform by notice the Inspector-General of the Department of Inspection for Factories and Establishments, the concerned local Inspector, and the Director-General of the Department of Labour, and the responsible officer of the concerned regional labour office or divisional labour office under its jurisdiction.”. ## 24. Amendment of section 82 of Act No. 42 of 2006. -For sub-sections (1) and (2) of section 82 of the said Act, the following sub-sections (1) and (2) shall be substituted, namely:— > “(1) If any worker in an establishment is affected by any disease specified in the Second Schedule, the employer or the concerned worker or any person nominated by him, a registered medical practitioner, occupational health service provider and other relevant agencies shall inform the Inspector by written notice in the manner prescribed by rules and it shall be recorded in a register within 2 (two) working days in the manner prescribed by rules. > (2) If any registered medical practitioner, occupational health service provider and other relevant agencies, while treating any present or former worker of an establishment, finds that he is suffering from or is suspected to be suffering from any disease specified in the Second Schedule, the said practitioner shall immediately inform the Inspector-General by a written report of the following matters, namely:— > (a) the name and postal address of the patient; > (b) the name of the disease from which the patient is suffering or is suspected to be suffering; > (c) the name and address of the establishment where the patient is currently working or last worked.”. --- ## 25. Amendment of section 85 of Act No. 42 of 2006. -In section 85 of the said Act- (a) for sub-section (3), the following sub-section (3) shall be substituted, namely:— > “(3) If the Inspector is of the opinion that there is an imminent danger to the life, health or safety of any person employed in an establishment, he shall inform the concerned employer in writing of the reasons for his opinion, and at the same time, the Inspector may, by written order, prohibit the application or use of any part, plant, lay-out or work process of the establishment and may restrain any person from being made to work in that part, and this prohibition shall remain in force until the Inspector is satisfied that the danger has been completely removed: > Provided that, this order shall not apply in respect of any person engaged in the work of removing the said danger.”; (b) for sub-section (5), the following sub-section (5) shall be substituted, namely:— > “(5) The Inspector shall immediately submit a report to all concerned departments of the Government regarding every order issued under sub-section (1) and (3), and shall inform the concerned employer about the submission of this report.”. ## 26. Substitution of section 90A of Act No. 42 of 2006. -For section 90A of the said Act, the following section 90A shall be substituted, namely:— > “90A. Formation of Safety Committee.-(1) In every establishment where fifty or more workers are employed, a Safety Committee shall be formed and made effective in the manner prescribed by rules. > (2) The Safety Committee shall inform the employer or his representatives about identified risks, accidents, dangerous occurrences and diseases.”. ## 27. Amendment of section 117 of Act No. 42 of 2006. -In section 117 of the said Act- (a) for clause (a) of sub-section (2), the following clause (a) shall be substituted, namely:- > “(a) in the case of a factory, 1 (one) day for every 14 (fourteen) days of work;"; (b) for clause (d) of sub-section (8), the following clause (d) shall be substituted, namely:- > “(d) maternity leave for a period not exceeding 120 (one hundred and twenty) days;”. --- ## 28. Amendment of section 118 of Act No. 42 of 2006. -In sub-section (1) of section 118 of the said Act, for the word “eleven”, the number, word and brackets “13 (thirteen)” shall be substituted. ## 29. Amendment of section 132 of Act No. 42 of 2006. -In sub-section (1) of section 132 of the said Act, after the word “representative”, the words “or any inspector” shall be added. ## 30. Amendment of section 139 of Act No. 42 of 2006. -In sub-section (6) of section 139 of the said Act, for the word “five”, the number, word and brackets “3 (three)” shall be substituted. ## 31. Insertion of section 151A of Act No. 42 of 2006. -After section 151 of the said Act, the following new section 151A shall be inserted, namely:— > “151A. Employment Injury Scheme Fund.—(1) Notwithstanding anything contained in the other provisions of this Act, the Government shall, by rules, establish an Employment Injury Scheme Fund for any workplace deemed appropriate, and such rules shall include the constitution and functions of the management board of the fund, determination of the type and extent of benefits payable, sources and methods of financing the fund, and other matters necessary for the effective administration and implementation of the fund. > (2) The Government may, for this purpose, by notification in the official Gazette, determine to which industries or sectors this fund shall apply, and after such determination, the provisions of this Act regarding the employer's liability under section 150 in case of workplace accidents shall not apply to the employer of the concerned industry or sector.”. ## 32. Substitution of section 175 of Act No. 42 of 2006. —For section 175 of the said Act, the following section 175 shall be substituted, namely:— > “175. Special definition of worker and right to organise.-(1) Unless there is anything repugnant in the subject or context, and notwithstanding anything contained in sub-section (4) of section 1 and clause (65) of section 2, in this Chapter, “worker” means, in addition to the “worker” as defined in clause (65) of section 2, a self-employed worker, a worker employed on a daily or temporary basis, or a person employed through a digital labour platform, and for the purpose of any proceeding in relation to an industrial dispute under this Chapter, includes any worker who has been laid-off, retrenched, discharged, dismissed or otherwise removed from employment in connection with or as a consequence of that dispute, or whose lay-off, retrenchment, discharge, dismissal or removal has led to that dispute, but does not include any member of the watch and ward or security staff, fire-fighting staff, and confidential assistant of an establishment. --- > (2) Persons in administrative, supervisory or managerial roles may form separate associations or societies regarding their interest-related matters.”. ## 33. Amendment of section 176 of Act No. 42 of 2006. -In section 176 of the said Act- (a) in the marginal note, after the word “union”, the words “association or society” shall be added; (b) after clause (a), the following new clause (aa) shall be inserted, namely:— > “(aa) persons engaged in managerial roles with primarily administrative or supervisory responsibilities shall have the right to form associations or societies without any distinction regarding their interest-related matters and to join associations of their own choosing in accordance with the constitution of the respective society;”. ## 34. Amendment of section 178 of Act No. 42 of 2006. -In section 178 of the said Act- (a) in sub-section (2)— > (i) in sub-clause (3) of clause (a), the word “address” shall be omitted; > (ii) in sub-clause (5) of clause (a), for the word and comma “number,”, the words and commas “number, and for the purpose of this sub-clause, if any worker of the establishment requests a certificate from the management authority regarding how many workers are employed in that establishment, it must be supplied within 10 (ten) working days,” shall be substituted; (b) for clause (b), the following clause (b) shall be substituted, namely:— > “(b) the minutes of the general meeting signed by the president and the approved constitution;”; (c) clause (c) shall be omitted; (d) after sub-section (2), the following new sub-section (2a) shall be inserted, namely:— > “(2a) Any personal information of the members of a trade union, which has been submitted to the Registrar under this section, shall not be disclosed to any other third party, including the employer.”. ## 35. Amendment of section 179 of Act No. 42 of 2006. -In section 179 of the said Act- (a) in sub-section (1)- > (i) in clause (j), for the word “two”, the number, word and brackets “3 (three)” and in the proviso, for the number “2”, the number, word and brackets “3 (three)” shall be substituted; --- > (ii) for clause (k), the following clause (k) shall be substituted, namely:— > > “(k) the number of officers shall be determined according to the constitution of the trade union;”; > (iii) for clause (m), the following clause (m) shall be substituted, namely:— > > “(m) the matter of convening meetings of the executive committee and general members of the trade union shall be conducted according to the provisions mentioned in the constitution, but the general members' meeting must be held at least once a year;”; (b) for sub-section (2), the following sub-section (2) shall be substituted, namely:— > “(2) At least 20 workers employed in an establishment may jointly apply for registration of a trade union under this Chapter, but no trade union of workers shall be entitled to registration under this Chapter unless its membership number is determined as follows in relation to the total number of workers employed in the establishment where it is formed: > (a) for an establishment with 20 to 300 workers, 20 members; > (b) for an establishment with 301 to 500 workers, 40 members; > (c) for an establishment with 501 to 1500 workers, 100 members; > (d) for an establishment with 1501 to 3000 workers, 300 members; and > (e) for an establishment with 3001 or more workers, 400 members.”; (c) for sub-section (2a), the following sub-section (2a) shall be substituted, namely: > “(2a) The Director-General or the officer responsible for this matter shall verify the correctness of the matters described in sub-clause (5) of clause (a) of sub-section (2) of section 178 and in this section by collecting a list from the concerned establishment authority or digitally online;” (d) for sub-section (5), the following sub-section (5) shall be substituted, namely:— > “(5) In any establishment or group of establishments, not more than 03 (three) registrations shall be granted at any one time for each of the workers or persons or officers or employers under sub-section (1) and (2) of section 175.”. --- ## 36. Amendment of section 180 of Act No. 42 of 2006. -In clause (b) of sub-section (1) of section 180 of the said Act, the 'colon' at the end shall be substituted by a 'full stop'. ## 37. Amendment of section 182 of Act No. 42 of 2006. -In section 182 of the said Act- (a) in sub-section (1), for the words “after being satisfied that”, the words “after being confirmed that” shall be substituted; (b) in sub-section (2), the comma after the words “shall reply to it” shall be substituted by a full stop and the subsequent words shall be omitted; (c) after sub-section (7), the following new sub-section (8) shall be added, namely:— > “(8) If any question arises regarding any matter under the registration procedure, the matter shall be settled in the light of the recommendation of the monitoring committee formed in the Ministry of Labour and Employment.”. ## 38. Amendment of section 183 of Act No. 42 of 2006. -In section 183 of the said Act- (a) in sub-section (3), the colon at the end of clause (n) shall be substituted by a semicolon and thereafter the following new clause (o) shall be inserted, namely:— > “(o) domestic worker;”; (b) in sub-section (6), for the words “thirty percent”, the number, brackets and words “20 (twenty) persons” shall be substituted. ## 39. Omission of section 184 of Act No. 42 of 2006. -Section 184 of the said Act shall be omitted. ## 40. Amendment of section 185 of Act No. 42 of 2006. -In section 185 of the said Act- (a) for sub-section (1), the following sub-section (1) shall be substituted, namely:— > “(1) Notwithstanding anything contained in this Chapter, seafarers who are ordinarily employed on sea-going vessels, namely- Officers and Ratings, may form their respective trade unions, and in such cases, the respective unions of Officers and Ratings may sign collective bargaining agreements.”; (b) sub-section (3) shall be omitted. --- ## 41. Amendment of section 185A of Act No. 42 of 2006. -In section 185A of the said Act- (a) in the marginal note, the words “Chattogram Port Authority and Mongla” shall be omitted; (b) in sub-section (1), the words “Chattogram Port Authority and Mongla” shall be omitted; (c) in sub-section (2), the words “Chattogram and Mongla” shall be omitted; (d) in sub-section (3), the words “Chattogram and Mongla” shall be omitted; (e) in sub-section (4), the words “Chattogram Port Authority and Mongla” shall be omitted; (f) in clause (a) of sub-section (5), for the word “continuously”, the word “uninterruptedly” shall be substituted; ## 42. Amendment of section 188 of Act No. 42 of 2006. -In section 188 of the said Act- (a) for sub-section (1), the following sub-section (1) shall be substituted, namely:— > “(1) Every amendment of the constitution of a trade union, every change of its officers, and any change of its name and address shall be notified to the Director-General by notice by registered post or by hand within 15 (fifteen) days of such amendment or change, and the Director-General, upon receipt of the notice, if such amendment or change is in accordance with this Act and the rules made thereunder, shall register it within 30 (thirty) days and immediately send a copy thereof to the concerned worker representative and to the employer for his information.”; (b) for sub-section (4), the following sub-section (4) shall be substituted, namely:— > “(4) If there is a dispute regarding the change of officers of a trade union, the Director-General shall take necessary steps to resolve the said dispute.”. ## 43. Amendment of section 190 of Act No. 42 of 2006. -In section 190 of the said Act- (a) in sub-section (1), for the word “cancellation”, the words “application for cancellation” shall be substituted; (b) in clause (c) of sub-section (1), after the words “has been obtained”, the words “which must be supported by objective evidence” shall be added. ## 44. Amendment of section 195 of Act No. 42 of 2006. -In section 195 of the said Act- (a) in clause (j) of sub-section (1), for the words and comma “president, general secretary, organising secretary or treasurer”, the words and comma “president, general secretary or any officer” shall be substituted and the word “or” at the end shall be omitted; --- (b) after clause (k) of sub-section (1), the following new clauses (l), (m), (n), (o) and (p) shall be inserted, namely:— > “(l) if a worker or any member of a union is terminated from service for any reason, shall not issue a notice or include in a database by Black listing; > (m) shall not encourage the establishment of a worker organisation under the control of the employer or employers' organisation; > (n) shall not provide financial or any other form of assistance for the purpose of keeping a worker organisation under the control of the employer or employers' organisation; > (o) shall not dismiss existing trade union officers in a biased manner and encourage the establishment of another trade union; > (p) shall not harm any worker by violating the conditions of service and shall not take any retaliatory action in the workplace because of filing a complaint of violation of law or regulation against the employer or participating in any proceeding, including a helpline, or taking shelter of a competent administrative authority, or for giving evidence in an investigation of unfair labour practice mentioned in sub-section (2).”. ## 45. Amendment of section 196A of Act No. 42 of 2006. -After sub-section (1) of section 196A of the said Act, the following new sub-section (1a) shall be added, namely:— > “(1a) If the employer violates the conditions of service of the workers and takes any retaliatory action in the workplace due to an application for investigation of unfair labour practice mentioned in sub-section (2) of section 195, it shall be considered as anti-trade union discrimination.”. ## 46. Insertion of section 196B of Act No. 42 of 2006. -After section 196A of the said Act, the following new section 196B shall be inserted, namely:— > “196B. Settlement of complaints of unfair labour practice and anti-trade union discrimination and provision of remedy for unfair labour practice on the part of the employer.-(1) If the employer commits any unfair labour practice mentioned in sub-section (1) of section 195 or discriminates against a worker in the manner mentioned in sub-section (1) of section 196A, the concerned employer may be directed by the Director-General to immediately cease such activities, and if any worker suffers loss due to such activities, an order may also be given by the Director-General to the employer to provide financial compensation including recovery of the said loss. --- > (2) The activities of the Department of Labour shall be completed in accordance with the relevant Standard Operating Procedure (SOP).”. ## 47. Amendment of section 202 of Act No. 42 of 2006. -In sub-section (24) of section 202 of the said Act- (a) clause (b) shall be omitted; (b) for clause (c), the following new clause (c) shall be substituted, namely:— > “(c) to give notice of strike and to declare it in accordance with the provisions of section 211;"; (c) clause (e) shall be omitted. ## 48. Amendment of section 203 of Act No. 42 of 2006. -In section 203 of the said Act- (a) in the marginal note, after the word “federation”, the words “and confederation” shall be inserted; (b) after sub-section (3), the following new sub-section (4) and sub-section (5) shall be added, namely:- > “(4) If a federation or confederation, which represents workers at the national or any other level in a sector, requests one or more organisations representing employers in that sector to participate in collective bargaining, or if an organisation representing employers in a sector requests a federation or confederation representing workers at the national or any other level in that sector to participate in collective bargaining, the party that has received such a request may participate in collective bargaining. > (5) The parties to collective bargaining may freely decide on the subject of negotiation, and collective bargaining may be conducted on any matter related to the working environment of the factory, conditions of employment, and the relationship between worker-employer-establishment.”. ## 49. Insertion of section 203A of Act No. 42 of 2006. -After section 203 of the said Act, the following new section 203A shall be inserted, namely:— > “203A. Collective bargaining at sectoral, national and other levels.—(1) One or more federations or confederations of trade unions, which represent workers at the sector, national or any other level, may request employer organisations or organisations for collective bargaining. --- > (2) One or more employer organisations representing employers in a sector, acting jointly, may request one or more duly authorised trade unions representing workers in that sector to participate in collective bargaining. > (3) When a trade union federation or confederation requests an employer organisation or organisations for collective bargaining, or an employer organisation or organisations request a trade union federation or confederation for collective bargaining, the organisation that receives the request shall reply in writing to the requesting party within 10 (ten) days of receiving the request. > (4) The process and timeline for preparing a draft agreement and finalising the collective agreement may be determined by the concerned parties through mutual understanding.”. ## 50. Amendment of section 204 of Act No. 42 of 2006. -In section 204 of the said Act- (a) for the marginal note, the following marginal note shall be substituted, namely:— > “Deduction of subscription from wages (check-off)”; (b) for sub-section (1), the following new sub-section (1) shall be substituted, namely:— > “(1) If a collective bargaining agent (CBA) or a trade union so requests, the employer shall deduct a specified amount from the wages of those workers employed in his establishment who are members of that CBA or trade union, and this amount must be mentioned in their constitution or may be otherwise determined by the CBA or trade union, provided that, in each case, there must be the written consent of the individual worker, which shall be mentioned in the application by the CBA or trade union.”; (c) in sub-sections (2) and (3), after the word “CBA”, the words “or trade union” shall be added. ## 51. Amendment of section 208 of Act No. 42 of 2006. -In sub-section (1) of section 208 of the said Act, the words “and trade union” after the word “employer” and in sub-section (2), the words “or trade union” after the word “employer” shall be omitted. ## 52. Amendment of section 211 of Act No. 42 of 2006. -In sub-section (8) of section 211 of the said Act, for the words “three years”, the number, brackets and words “2 (two) years” shall be substituted. --- ## 53. Amendment of section 213 of Act No. 42 of 2006. -In section 213 of the said Act, after the words “collective bargaining agent”, the comma and words “, trade union” shall be added. ## 54. Amendment of section 235 of Act No. 42 of 2006. -In clause (a) of sub-section (1) of section 235 of the said Act, after the words “collective bargaining agent”, the words “or participation committee” shall be added. ## 55. Amendment of section 242 of Act No. 42 of 2006. -For sub-section (1) of section 242 of the said Act, the following new sub-section (1) shall be substituted, namely:— > “(1) The total amount deposited in the participation fund each year shall be distributed equally among all beneficiaries.”. ## 56. Amendment of section 264 of Act No. 42 of 2006. -In section 264 of the said Act- (a) for the marginal note, the following new marginal note shall be substituted, namely:— > “Provident fund for workers of private sector establishments or participation in universal pension scheme”; (b) for sub-section (10), the following sub-section (10) shall be substituted, namely:— > “(10) Notwithstanding anything contained in this section, employers of all establishments where at least 100 (one hundred) permanent workers are employed shall be obliged to establish a provident fund for the benefit of the workers, if at least two-thirds of the workers of the said establishment demand the establishment of such a provident fund by submitting a written application to the employer, but if participation in the universal pension scheme ‘Pragati’ introduced by the National Pension Authority is ensured institutionally for those among the workforce employed in a private establishment who express interest in writing, the employer shall be exempted from the provision of establishing a provident fund: > Provided that, the employer shall contribute 50% to the said scheme and the employed worker shall also contribute 50%: > Provided further that, if a worker expresses disinterest in writing to become a member of the scheme, the employer shall not be obliged to contribute his 50% share.”; (c) for sub-section (12), the following sub-section (12) shall be substituted, namely:— > “(12) At least half of the total amount deposited in the said provident fund may be invested in any government-owned investable sector.”; (d) sub-section (16) shall be omitted. --- ## 57. Amendment of section 266 of Act No. 42 of 2006. -In section 266 of the said Act- (a) for clause (a) of sub-section (2), the following clause (a) shall be substituted, namely:- > “(a) Director-General, Department of Labour, ex-officio, who shall be its Chairman;"; (b) in sub-section (3), the words “Chairman and” shall be omitted. ## 58. Amendment of section 283 of Act No. 42 of 2006. -In section 283 of the said Act, for the words “five thousand”, the numbers, words and brackets “not less than 20 (twenty) thousand to not more than 50 (fifty) thousand” shall be substituted. ## 59. Amendment of section 284 of Act No. 42 of 2006. -In section 284 of the said Act, for the words “five thousand”, the numbers, words and brackets “not less than 20 (twenty) thousand to not more than 50 (fifty) thousand” shall be substituted. ## 60. Amendment of section 285 of Act No. 42 of 2006. -In section 285 of the said Act, for the words “one thousand”, the numbers, words and brackets “not less than 5 (five) thousand to not more than 10 (ten) thousand” shall be substituted. ## 61. Amendment of section 286 of Act No. 42 of 2006. -In sub-section (1) of section 286 of the said Act, for the words “twenty-five thousand”, the numbers, words and brackets “not less than 50 (fifty) thousand to not more than 1 (one) lakh” shall be substituted. ## 62. Amendment of section 289 of Act No. 42 of 2006. -In sub-section (1) of section 289 of the said Act, for the words “five thousand”, the numbers, words and brackets "not less than 20 (twenty) thousand to not more than 50 (fifty) thousand” shall be substituted. ## 63. Amendment of section 290 of Act No. 42 of 2006. -In section 290 of the said Act- (a) for the marginal note, the following marginal note shall be substituted, namely:— > “Penalty for failure to give notice of accidents and occupational diseases”; (b) in sub-section (1), for the words “up to one thousand taka”, the numbers, words and brackets “not less than 5 (five) thousand to not more than 10 (ten) thousand taka” and for the words “three thousand”, the numbers, words and brackets “not less than 10 (ten) thousand to not more than 20 (twenty) thousand” shall be substituted. --- ## 64. Amendment of section 291 of Act No. 42 of 2006. -In section 291 of the said Act- (a) for sub-sections (1), (2) and (3), the following sub-sections (1), (2) and (3) shall be substituted, namely:- > “(1) Any person who contravenes any provision of section 195 or 196A shall be punishable with imprisonment for a term which may extend to six months, or with a fine of not less than 50 (fifty) thousand to not more than 1 (one) lakh taka, or with both. > (2) Any worker who contravenes any provision of section 196 shall be punishable with imprisonment for a term which may extend to three months, or with a fine which may extend to ten thousand taka, or with both. > (3) Any person, other than a trade union or a worker, who contravenes any provision of section 196 shall be punishable with imprisonment for a term which may extend to six months, or with a fine which may extend to twenty thousand taka, or with both.”; (b) after sub-section (3), the following new sub-section (4) shall be inserted, namely:— > “(4) Any person who contravenes any provision of section 317(4)(b) and 196B shall be punishable with imprisonment for a term which may extend to six months, or with a fine of not less than 50 (fifty) thousand to not more than 1 (one) lakh taka, or with both.”. ## 65. Substitution of section 292 of Act No. 42 of 2006. -For section 292 of the said Act, the following section 292 shall be substituted, namely:— > “292. Penalty for breach of settlement, decision of section 124A, etc.-Any person who breaches any settlement, decision, award or decision of section 124A which is binding under this Act, shall be punishable with imprisonment for a term which may extend to one year, or with a fine of not less than 20 (twenty) thousand to not more than 50 (fifty) thousand taka, or with both.”. ## 66. Amendment of section 294 of Act No. 42 of 2006. —For sub-sections (1) and (2) of section 294 of the said Act, the following sub-sections (1) and (2) shall be substituted, namely:— > “(1) Any worker who commences, continues or otherwise acts in furtherance of an illegal strike shall be punishable with imprisonment for a term which may extend to three months, or with a fine of not less than 10 (ten) thousand to not more than 20 (twenty) thousand, or with both; > (2) Any employer who commences, continues or otherwise acts in furtherance of an illegal lock-out shall be punishable with imprisonment for a term which may extend to six months, or with a fine of not less than 20 (twenty) thousand to not more than 50 (fifty) thousand taka, or with both.”. --- ## 67. Substitution of section 295 of Act No. 42 of 2006. -For section 295 of the said Act, the following section 295 shall be substituted, namely:— > “295. Penalty for instigating illegal strike or lock-out.-Any person who instigates or incites any person to take part in, or to expend or supply money for, or otherwise to act in furtherance of, an illegal strike or lock-out, shall be punishable with imprisonment for a term which may extend to 3 (three) months, or with a fine of not less than 20 (twenty) thousand to not more than 50 (fifty) thousand taka, or with both.”. ## 68. Substitution of section 296 of Act No. 42 of 2006. -For section 296 of the said Act, the following section 296 shall be substituted, namely:— > “296. Penalty for participating in or instigating go-slow.-Any person who takes part in, or instigates or incites another person to take part in, or otherwise acts in furtherance of, any go-slow, shall be punishable with imprisonment for a term which may extend to 3 (three) months, or with a fine of not less than 20 (twenty) thousand to not more than 50 (fifty) thousand taka, or with both.”. ## 69. Substitution of section 299 of Act No. 42 of 2006. -For section 299 of the said Act, the following section 299 shall be substituted, namely:— > “299. Penalty for activities of an unregistered trade union.—Any person who takes part in any activity of an unregistered trade union or a trade union whose registration has been cancelled, other than any activity related to obtaining registration, or encourages or incites any other person to take part in such activity, or collects any subscription for the fund of such a trade union other than membership subscription, shall be punishable with a fine which may extend to 2 (two) thousand taka.”. ## 70. Substitution of section 300 of Act No. 42 of 2006. -For section 300 of the said Act, the following section 300 shall be substituted, namely:— > “300. Penalty for dual membership of trade unions.-Any person who is or remains a member of more than one trade union at the same time shall be punishable with a fine which may extend to 2 (two) thousand taka.”. ## 71. Amendment of section 301 of Act No. 42 of 2006. -In section 301 of the said Act, for the words “two thousand”, the number, words and brackets “5 (five) thousand” shall be substituted. --- ## 72. Amendment of section 302 of Act No. 42 of 2006. -In section 302 of the said Act, for the words “one thousand”, the number, words and brackets “5 (five) thousand” shall be substituted. ## 73. Substitution of section 307 of Act No. 42 of 2006. -For section 307 of the said Act, the following section 307 shall be substituted, namely:— > “307. Penalty for other offences.-Any person who contravenes or fails to comply with any provision of this Act or any rule, regulation or scheme, and for which no other penalty is provided therein, shall be punishable with imprisonment for a term which may extend to 3 (three) months, or with a fine of not less than 25 (twenty-five) thousand to not more than 50 (fifty) thousand taka, or with both.”. ## 74. Insertion of sections 307A and 307B of Act No. 42 of 2006. -After section 307 of the said Act, the following new sections 307A and 307B shall be inserted, namely:- > “307A. Penalty for discrimination, violence and harassment at the workplace.—Any person who contravenes or fails to comply with the provisions of section 332A shall be punishable with a fine of not less than 20 (twenty) thousand to not more than 50 (fifty) thousand taka. > 307B. Penalty for forced labour.—Any person who contravenes or fails to comply with the provisions of section 345C shall be punishable with a fine of not less than 20 (twenty) thousand to not more than 50 (fifty) thousand taka.”. ## 75. Amendment of section 309 of Act No. 42 of 2006. -In sub-section (1) of section 309 of the said Act- (a) in clause (b), for the words “ten thousand”, the numbers, words and brackets “not less than 50 (fifty) thousand to not more than 1 (one) lakh” shall be substituted; (b) in clause (c), for the words “two thousand”, the numbers, words and brackets “not less than 10 (ten) thousand to not more than 20 (twenty) thousand” shall be substituted. ## 76. Amendment of section 317 of Act No. 42 of 2006. -In sub-section (4) of section 317 of the said Act- (a) for clause (b), the following clause (b) shall be substituted, namely:— > “(b) shall issue an order for the payment of appropriate compensation to the worker by the concerned person or establishment for any offence or for unfair labour practice or for anti-trade union discrimination or for violation of any provision of Chapter XIII, and if the said order is not complied with, a complaint may be filed in the Labour Court;”; (b) clause (d) shall be omitted; --- (c) in clause (f), the word “and” shall be omitted; (d) after clause (f), the following new clause (ff) shall be inserted, namely:— > “(ff) to supervise the activities of the provident fund and to supervise the election of worker representatives to its board of trustees;”; (e) after clause (ff), the following new clause (fff) shall be inserted, namely:— > “(fff) to undertake and implement activities related to medical care, health, nutrition, maternity benefit, family planning programs, recreation, social security, labour administration related research and statistics, and other activities for the improvement of the quality of life of workers, and to monitor the labour situation and send reports related thereto to the Government;”. ## 77. Insertion of section 318A of Act No. 42 of 2006. -After section 318 of the said Act, the following new section 318A shall be inserted, namely:— > “318A. Functions of the labour inspection system.-(1) The functions of the labour inspection system shall be as follows, namely:- > (a) to ensure the implementation of legal provisions related to the conditions of service and protection of workers, such as working hours, wages, occupational health and safety, welfare measures, employment of children and adolescents, forced labour, including violence and harassment enforceable by the inspector, and other related legal provisions; > (b) to provide technical assistance and advice to ensure the maximum and effective implementation of legal provisions; > (c) to bring to the notice of the appropriate authorities any defects or abuses which come to the notice of the inspector in the course of his duties and which are not specifically identified by existing legal provisions; > (d) to perform other functions as may be prescribed by the Government from time to time by rules. > (2) Any other duty assigned by the Government shall not be such as to conflict with or hinder the inspector's primary duty of inspection and to compromise his jurisdiction and impartiality in performing his legal duties towards employers and workers.”. --- ## 78. Amendment of section 319 of Act No. 42 of 2006. -In section 319 of the said Act- (a) in sub-section (1)- > (i) for clause (a), the following clause (a) shall be substituted, namely:— > > “(a) with such assistants as may be necessary, to enter, inspect, investigate and examine at any reasonable time, 'with or without prior notice to the authority', in accordance with the Standard Operating Procedure, any place, premises, vessel or vehicle which he considers to be or to be used as an establishment; > (ii) in clause (f), the word “and” at the end shall be omitted; > (iii) in clause (g), the full stop at the end shall be substituted by a semicolon and thereafter the following new clause (h) shall be inserted, namely:— > > “(h) for the purpose of carrying out inspection work smoothly, the Government may formulate the necessary number of Standard Operating Procedures.”; (b) for sub-section (5), the following sub-sections (5) and (5a) shall be substituted, namely:— > “(5) The Inspector-General, or any of his subordinate officers empowered by him in this behalf, may file a complaint in the Labour Court against any person for any offence under this Act or any rule, regulation or scheme, in any matter within his jurisdiction. > (5a) The Government shall formulate a Standard Operating Procedure to ensure a uniform procedure for taking further action, monitoring, and filing cases in the Labour Court in case of violation of the law by the management authority.”; (d) sub-section (6) shall be omitted. ## 79. Insertion of section 319A of Act No. 42 of 2006. -After section 319 of the said Act, the following new section 319A shall be inserted, namely:— > “319A. Duty of confidentiality regarding complaints.-(1) The inspector shall maintain complete confidentiality about the source of any complaint regarding a breach or violation of the law in the workplace, and shall not give any prior information or notice to the employer or his representative that an investigation or inspection has been made at the workplace as a result of receiving the said complaint. --- > (2) If a worker has a reasonable belief that he has been subjected to discrimination or hostile treatment from the employer for a complaint filed with the labour inspector, he shall be entitled to raise his grievance in the Labour Court.”. ## 80. Amendment of section 323 of Act No. 42 of 2006. -In sub-section (2) of section 323 of the said Act- (a) for clause (gg), the following clause (gg) shall be substituted, namely:— > “(gg) Director-General of the Department of Labour, ex-officio;”; (b) after clause (gg), the following new clause (ggg) shall be inserted, namely:— > “(ggg) Additional Inspector General of Industrial Police, ex-officio;”; (c) for clause (j), the following clause (j) shall be substituted, namely:— > “(j) Inspector-General of the Department of Inspection for Factories and Establishments, ex-officio, who shall also be its Member-Secretary.”. ## 81. Amendment of section 326 of Act No. 42 of 2006. -For clause (b) of sub-section (1) of section 326 of the said Act, the following clause (b) shall be substituted, namely:— > “(b) may direct the licensing of any establishment or factory or any class of factories, and the said license shall be renewed every 5 (five) years, but the term of a contractor agency's license shall be 1 (one) year, and it shall be registered or licensed and renewed in the manner prescribed by rules and upon payment of fees fixed by the Government from time to time.”. ## 82. Substitution of section 332 of Act No. 42 of 2006. -For section 332 of the said Act, the following section 332 shall be substituted, namely:— > “332. Responsibility of all persons against violence and harassment in the world of work and at the workplace.— > (1) The responsibility of the owner, employer and authority shall be as follows, namely:— > (a) The owner, employer and authority shall ensure that the workplace environment is not hostile in order to prevent violence and harassment at the workplace; > (b) The prohibitions and punishments mentioned for stopping sexual harassment and violence shall be widely publicised and published; > (c) An effective system shall be adopted to prevent all kinds of incidents of sexual harassment at the workplace; --- > (d) A workplace policy against violence and harassment shall be formulated and implemented; > (e) Necessary steps shall be taken by considering violence and harassment and related psychosocial risks in occupational safety and health management; > (f) The risks of violence and harassment shall be identified and assessed, and measures shall be taken to prevent and control them; > (g) Necessary information and training shall be provided to the employed staff and workers about the identified risks and dangers and about prevention and protection measures, their rights and responsibilities; > (h) A description of the reporting and complaint management system in this regard shall be provided on the workplace website; > (i) Appropriate effective measures shall be taken to file cases according to the prevailing laws of the country against sexual harassment committed in the establishment. > (2) If a woman is employed in any work of an establishment, whatever her rank may be, no colleague or anyone else of that establishment shall behave towards her in a manner that may be considered obscene or indecent, or which is contrary to the modesty and dignity of the said woman.”. ## 83. Insertion of section 332A in Act No. 42 of 2006. -After section 332 of the said Act, the following new section 332A shall be inserted, namely:— > “332A. Complaint settlement committee for discrimination, violence and harassment.-(1) Every employer shall form a complaint settlement committee to investigate complaints of discrimination, violence and harassment in the relevant field, and the said committee shall have 5 (five) members, where there shall be a majority of women representatives from within the establishment and the head shall be a woman, and two members of the committee shall be taken from institutions that work on gender and sexual abuse issues. > (2) The committee shall receive, investigate and handle every complaint or related report and shall follow a zero-tolerance policy in cases of discrimination, violence and harassment. --- > (3) The committee shall conduct its work by protecting confidentiality and showing respect for human dignity and shall not create any obstacle in receiving, investigating and managing complaints or reports. > (4) Upon receipt of a written complaint, the complaint settlement committee shall take necessary action in the manner prescribed by rules.”. ## 84. Amendment of section 338 in Act No. 42 of 2006. -In section 338 of the said Act- (a) for the marginal note, the following marginal note shall be substituted, namely:— > "Responsibility of owner of premises and multiple employers in certain special circumstances”; (b) for sub-section (2), the following sub-sections (2) and (2a) shall be substituted, namely:- > “(2) Joint responsibility of multiple employers, where separate and self-contained flats or houses in a premises are rented for the use of separate establishments of different owners, the owner of the premises shall be liable for any breach or violation of the provisions of this Act or rules in respect of the following matters as if he were the owner of the said establishments, namely:- > (a) provision of a common supply of water to latrines, urinals and washing facilities; > (b) fencing of such plant or machinery belonging to the owner of the premises as is not specifically handed over to any tenant for his use; > (c) safe means of access to the upper floors and flats, and cleanliness of stairs and common passages; > (d) precautionary measures in case of fire; > (e) provision and maintenance of hoists and lifts; and > (f) maintenance of any other common facility of the premises. > (2a) If multiple employers or establishments work in the same place, they shall perform their duties in accordance with the law by coordinating with each other.”. --- ## 85. Amendment of section 345 in Act No. 42 of 2006. -For section 345 of the said Act, the following section 345 shall be substituted, namely:— > “345. Equal wages for equal work.- (1) In fixing any wages or minimum rates of wages for any worker, the principle of equal wages for men, women and disabled workers for work of the same nature or of the same standard or value shall be followed, and no discrimination shall be made on account of any such difference. > (2) For the purpose of sub-section (1), the elements mentioned in section 2(45)(a), (c) and (d) shall be considered. ## 86. Insertion of sections 345A, 345B and 345C in Act No. 42 of 2006. -After section 345 of the said Act, the following new sections 345A, 345B and 345C shall be inserted, namely:— > “345A. Prohibition of discrimination against workers.-(1) No employer shall discriminate against any worker. > Explanation.– In this sub-section, 'discrimination' means such conduct which separates, excludes or gives less importance to a person on the grounds of race, colour, sex, gender identity, religion, political opinion, nationality, social origin, descent or disability, and which results in the destruction of equality of opportunity and treatment in employment or occupation. > (2) If special qualifications or skills are essential for a particular job, a decision taken on that basis shall be considered valid and it shall not be considered as discrimination. > (3) The following matters shall also not be considered as discrimination, namely:— > (a) measures for persons reasonably suspected of or involved in activities threatening the security of the state; > (b) special protection or assistance programs adopted for the development of socially, economically or educationally disadvantaged communities due to past discriminatory laws or practices. > 345B. Types of discrimination.- (1) For the purpose of this Act, both direct and indirect discrimination shall be prohibited. > (2) Direct discrimination occurs when a person treats another person less favourably, which is prohibited openly or secretly (e.g., gender, race or religion), and this includes sexual and other forms of harassment. --- > (3) Indirect discrimination occurs when a person imposes a condition or rule which, although seemingly neutral— > (a) puts some persons at a greater disadvantage than others for a prohibited reason; and > (b) is not practically necessary for the job. > (4) The burden of proof shall be on the employer as follows, namely:— > (a) that the less favourable treatment is not discriminatory; and > (b) that the imposed condition or rule is reasonable. > 345C. Prohibition of forced-labour.-(1) No person shall engage any worker in forced or compulsory labour. > (2) No person shall assist another in employing or using anyone in forced or compulsory labour.”. ## 87. Amendment of section 348 of Act No. 42 of 2006. -For sub-section (1) of section 348 of the said Act, the following sub-section (1) shall be substituted, namely:— > “(1) The Government shall take necessary steps to establish training and research institutions and to conduct training courses and research for the purpose of providing training on this Act to the officers of trade unions of workers and employers, general workers and management authorities.”. ## 88. Substitution of section 348A of Act No. 42 of 2006. -For section 348A of the said Act, the following section 348A shall be substituted, namely:— > “348A. Formation of National and Sectoral Tripartite Consultative Councils.-(1) The Government may form councils named 'Tripartite Consultative Council' at the national and sectoral levels to advise the Government on matters of law, policy or labour. > (2) The constitution of the council and its terms of reference shall be determined by the Government.”. ## 89. Insertion of sections 348B and 348C of Act No. 42 of 2006. -After section 348A of the said Act, the following new sections 348B and 348C shall be inserted, namely:— > “348B. National Social Dialogue Forum.-A national social dialogue forum may be formed with representatives of the parties to regulate social and labour relations through collective bargaining, to formulate collective agreements and to ensure their implementation. --- > 348C. Alternative Dispute Resolution Authority.- (1) Notwithstanding anything contained in this Act or any other existing law, an Alternative Dispute Resolution Authority shall be formed under this Act for the settlement of individual and collective labour-related disputes, which shall operate on the basis of impartiality and fairness. > (2) The Government shall, in the manner prescribed by rules, appoint as Chairman of the Authority a retired District Judge or a retired government official experienced in labour rights and international labour standards or an experienced person from the private sector. > (3) The Government shall establish the necessary number of offices for the operation of this Authority. > (4) There shall be a panel of Conciliators and a Panel of Arbitrators to assist the Authority in conducting arbitration. > (5) The Government shall, by notification in the official Gazette, form a Governing Body on the basis of tripartite representation to supervise the activities of this Authority. > (6) The Governing Body shall appoint Conciliators from the nominated list of the Department of Labour (DOL) and the Department of Inspection for Factories and Establishments (DIFE) and shall form a Panel of Arbitrators, and the qualifications and skills of the Conciliators and the Panel of Arbitrators shall be determined by rules. > (7) The criteria and procedure for nomination of members of the Governing Body shall be determined by rules and the formation of the Governing Body shall be published by notification in the official Gazette.”. ## 90. Substitution of the First Schedule of Act No. 42 of 2006. -For the First Schedule of the said Act, the following First Schedule shall be substituted, namely:— > ### “First Schedule > [See sections 2(1-a), (67) and section 151] > **List of injuries deemed to result in permanent partial disablement** > > **Part I:** > **Permanent Total Disablement** > > | Serial No. | Description of injury | Percentage of loss (%) | > | :--- | :--- | :--- | > | 1 | Complete loss of sight of both eyes | 100% | > | 2 | Loss of both feet at or above the ankle | 100% | --- > **Part I:** > **Permanent Total Disablement** > > | Serial No. | Description of injury | Percentage of loss (%) | > | :--- | :--- | :--- | > | 3 | Loss of both hands at or above the wrist | 100% | > | 4 | Mental disability due to permanent brain damage rendering the worker incapable of earning | 100% | > | 5 | Severe facial disfigurement | 100% | > | 6 | Quadriplegia (paralysis of all four limbs) | 100% | > | 7 | Paraplegia (paralysis of the lower limbs) | 100% | > | 8 | Hemiplegia (paralysis of one side of the body) | 100% | > | 9 | Complete loss of one hand or one foot | 100% | > | 10 | Absolute deafness | 100% | > > **Part II:** > **Permanent Partial Disablement** > **Amputation of Upper Limb** > > | 11 | Up to the first third of the arm | 70% | > | :--- | :--- | :--- | > | 12 | Up to the middle third of the arm | 65% | > | 13 | From the last third of the arm to below the elbow | 60% | > | 14 | From below the elbow to the wrist | 50% | > | 15 | From the wrist to the middle of the palm | 50% | > | 16 | Loss of four fingers of one hand | 50% | > | 17 | Loss of three fingers of one hand | 30% | > | 18 | Loss of two fingers of one hand | 20% | > > **Amputation of fingers of right or left hand** > **Thumb** > > | 19 | Whole thumb | 30% | > | :--- | :--- | :--- | > | 20 | Partial loss of thumb (up to IP joint) | 15% | > | 21 | Half of the distal phalanx of the thumb | 10% | > | 22 | At least one-fourth of the distal phalanx of the thumb | 5% | > | 23 | Tip of finger without bone loss | 5% | --- > **Part II:** > **Permanent Partial Disablement** > > | Serial No. | Description of injury | Percentage of loss (%) | > | :--- | :--- | :--- | > > **Index finger** > > | 24 | Whole | 14% | > | :--- | :--- | :--- | > | 25 | Two phalanges | 11% | > | 26 | One phalanx | 9% | > | 27 | Tip of finger without bone loss | 5% | > > **Middle finger** > > | 28 | Whole | 12% | > | :--- | :--- | :--- | > | 29 | Two phalanges | 9% | > | 30 | One phalanx | 7% | > | 31 | Tip of finger without bone loss | 5% | > > **Ring/Little finger** > > | 32 | Whole | 7% | > | :--- | :--- | :--- | > | 33 | Two phalanges | 6% | > | 34 | One phalanx | 5% | > | 35 | Tip of finger without bone loss | 5% | > > **Amputation of Lower Limb** > > | 36 | From below the hip joint to the first third of the thigh | 80% | > | :--- | :--- | :--- | > | 37 | From below the hip joint to the middle third of the thigh | 70% | > | 38 | From below the hip joint to the last third of the thigh | 60% | > | 39 | From the last third of the thigh below the hip to the first third of the leg below the knee | 50% | > | 40 | To the middle third of the leg below the knee joint | 40% | > | 41 | From the middle third of the leg to the ankle | 30% | > | 42 | Up to the midfoot | 25% | > | 43 | Complete loss of both feet up to the ankle | 90% | --- > **Part II:** > **Permanent Partial Disablement** > > | Serial No. | Description of injury | Percentage of loss (%) | > | :--- | :--- | :--- | > | 44 | Complete loss of the forepart of both feet at the metatarso-phalangeal joint | 80% | > | 45 | Loss of all toes of both feet at the metatarso-phalangeal joint | 40% | > | 46 | Loss of all toes of both feet (up to the interphalangeal joint) | 30% | > | 47 | Loss of all toes of one foot up to the metatarso-phalangeal joint | 20% | > | 48 | Two phalanges of the great toe | 10% | > | 49 | One phalanx of the great toe | 3% | > > **Other toes** > > | 50 | Up to the metatarso-phalangeal joint | 5% | > | :--- | :--- | :--- | > | 51 | Loss of phalanges of the toe | 2% | > > **Two toes of one foot, other than great toe** > > | 52 | Up to the metatarso-phalangeal joint | 5% | > | :--- | :--- | :--- | > | 53 | Loss of phalanges of the toes | 2% | > > **Three toes of one foot, other than great toe** > > | 54 | Up to the metatarso-phalangeal joint | 6% | > | :--- | :--- | :--- | > | 55 | Loss of phalanges of the toes | 3% | > > **Four toes of one foot, other than great toe** > > | 56 | Up to the metatarso-phalangeal joint | 9% | > | :--- | :--- | :--- | > | 57 | Loss of phalanges of the toes | 5% | > > **Sense of Smell** > > | 58 | Complete loss of sense of smell | 20% | > | :--- | :--- | :--- | --- > **Part II:** > **Permanent Partial Disablement** > > | Serial No. | Description of injury | Percentage of loss (%) | > | :--- | :--- | :--- | > > **Vision** > > | 59 | Complete loss of one eyeball (due to injury) | 45% | > | :--- | :--- | :--- | > | 60 | Complete loss of vision in one eye | 40% | > | 61 | Partial loss of vision | 15% | > | 62 | Cataract or aphakia in one eye | 10% | > | 63 | Aphakia in both eyes | 20% | > | 64 | Temporal visual field of both eyes (hemianopsia) | 25% | > | 65 | Nasal visual field of both eyes (hemianopsia) | 20% | > | 66 | Diplopia (double vision) in all fields of vision | 20% | > | 67 | Scotoma, according to position and extent | 10% - 16% | > > **Hearing** > > | 68 | Complete and sudden loss of hearing in one ear | 30% | > | :--- | :--- | :--- | > | 69 | Hearing loss in both ears (according to severity) | 40% - 60% | > | 70 | Tinnitus (ringing in the ears) | 10% | > > **Peripheral Nerve Injury (Permanent)** > **Upper Arm** > > | 71 | Brachial plexus injury | 70% | > | :--- | :--- | :--- | > | 72 | Radial nerve injury | 50% | > | 73 | Medial nerve injury | 40% | > | 74 | Ulnar nerve injury | 30% | > > **Lower Limb** > > | 75 | Sciatic nerve injury | 70% | > | :--- | :--- | :--- | > | 76 | Common peroneal nerve injury | 30% | --- > **Part II:** > **Permanent Partial Disablement** > > | Serial No. | Description of injury | Percentage of loss (%) | > | :--- | :--- | :--- | > > **Cervical, Thoracic and Lumbar Spine Function (Individual consideration)** > > | 77 | Minor functional impairment (minor disruption to daily activities) | 0% - 5% | > | :--- | :--- | :--- | > | 78 | Moderate functional impairment (requires medical treatment, some disruption to daily activities) | 6% - 25% | > | 79 | Severe functional impairment (requires medical treatment, reduced personal skills) | 26% - 50% | > | 80 | Very severe functional impairment (requires assistance from others) | 51% - 75% | > > **Brain or Cerebral Organic Injury (Individual consideration)** > > | 81 | Minor functional impairment (minor disruption to social or personal skills) | 0% - 5% | > | :--- | :--- | :--- | > | 82 | Moderate functional impairment (requires medical treatment, reduced personal skills) | 6% - 25% | > | 83 | Severe functional impairment (reduced social and personal skills, requires supervision) | 26% - 50% | > | 84 | Very severe functional impairment (dependency, requires supervision in daily life) | 51% - 75% | > > **Abdominal or Thoracic Organs (Lungs, Heart, Digestive System, Kidneys, Endocrine, Blood System, Reproductive System) (Individual consideration)** > > | 85 | Minor functional impairment | 0% - 5% | > | :--- | :--- | :--- | > | 86 | Moderate functional impairment | 6% - 25% | > | 87 | Severe functional impairment | 26% - 50% | > | 88 | Very severe functional impairment | 51% - 75% | > > **Scars from Burns, Injury or Skin Disease (Individual consideration)** > A scar refers to a qualitative change in the skin, which can be non-vicious or vicious. 1% of body surface area = 'palm of the hand'. Only vicious scars are compensable. Scars on exposed areas (head, hands, feet) have higher compensation. > **Non-vicious scar:** Linear, level with surrounding skin, almost the same colour, does not cause any contracture or deformity. > **Vicious scar:** Uneven, depressed, dark-coloured, keloid or hypertrophic, causing contracture. --- > **Part II:** > **Permanent Partial Disablement** > > | Serial No. | Description of injury | Percentage of loss (%) | > | :--- | :--- | :--- | > | 89 | Minor (less than 5% of the body) | 0% - 5% | > | 90 | Moderate (6% - 10%) | 6% - 10% | > | 91 | Severe (more than 10%) | 11% - 25% | > > **Mental Illness (Individual consideration)** > > | 92 | Minor (minor disruption to daily activities) | 0% - 5% | > | :--- | :--- | :--- | > | 93 | Moderate (requires medical treatment, reduced social skills) | 6% - 25% | > | 94 | Severe (reduced social and personal skills, requires supervision) | 26% - 50% | > | 95 | Very severe (dependency, requires supervision in daily life) | 51% - 75% | > > **Note:** > 1. The permanent and complete loss of function of any limb or part of a limb mentioned in this schedule shall be deemed to be the loss of that limb or part of a limb. > 2. In the case of multiple injuries, the percentage may be increased at the discretion of the competent authority, but shall not exceed a maximum of 100% [section 151(2)]. > 3. In the case of an injury not mentioned in this schedule, the competent authority shall determine the percentage in a manner consistent with the schedule [section 151(c)(2)]. > 4. Disability assessment shall be made on the date the injury stabilizes or in the 12th month (whichever occurs first). > (Prepared in accordance with the relevant sections of the BLA) --- ## 91. Substitution of the Second Schedule of Act No. 42 of 2006. -For the Second Schedule of the said Act, the following Second Schedule shall be substituted, namely:— > ### “Second Schedule > [See sections 82 and 83] > **List of Notifiable Diseases** > > | Serial No. | Title | > | :--- | :--- | > | 1 | Lead poisoning or its compounds | > | 2 | Phosphorus poisoning | > | 3 | Mercury poisoning | > | 4 | Manganese poisoning | > | 5 | Arsenic poisoning | > | 6 | Nitrous fume poisoning | > | 7 | Carbon-bisulphide poisoning | > | 8 | Benzene or any of its homologues poisoning | > | 9 | Beryllium poisoning | > | 10 | Carbon-monoxide poisoning | > | 11 | Phosgene poisoning | > | 12 | Toxic nephritis | > | 13 | Chrome ulceration | > | 14 | Halogen poisoning | > | 15 | Isocyanate poisoning | > | 16 | Poisoning by pharmaceutical agents | > | 17 | Toxic anaemia | > | 18 | Toxic jaundice arising from toxic substances | > | 19 | Diseases/poisoning caused by pesticides | > | 20 | Poisoning from other chemicals/heavy metals | > | 21 | Deafness due to loud noise | --- > | Serial No. | Title | > | :--- | :--- | > | 22 | Occupational diseases due to vibration | > | 23 | Pathological manifestations due to X-ray or radium or other radioactive substances | > | 24 | Diseases due to temperature (cold-hot) | > | 25 | Anthrax | > | 26 | Leptospirosis | > | 27 | Tuberculosis | > | 28 | Viral hepatitis | > | 29 | Silicosis | > | 30 | Byssinosis | > | 31 | Asbestosis | > | 32 | Siderosis | > | 33 | Pneumoconiosis of coal miners | > | 34 | Other pneumoconiosis and occupational asthma | > | 35 | Occupational or contact dermatitis arising from direct contact with chemical substances and dyes | > | 36 | Oil acne or dermatitis caused by mineral oil and any compound mixed with mineral oil | > | 37 | Various occupational cancers | > | 38 | Computer Vision Syndrome (New addition) | > | 39 | Musculoskeletal Disorders (MSDs) (New addition) | > | 40 | Occupational diseases due to mental stress and depression (New addition) | > | 41 | Occupational allergies and respiratory distress (New addition) | > | 42 | Heavy metal poisoning in the e-waste management sector (New addition) | > | 43 | Lung diseases due to asbestos substitute materials and microplastics (New addition) | > | 44 | Mental stress due to noise and light pollution (New addition) | > | 45 | Neurological diseases due to pesticide-fertilizer contact in agriculture (New addition) | > | 46 | New infectious risks (such as COVID-19 and similar viral diseases) (New addition) | > | 47 | Skin Cancer (New addition) | --- ## 92. Substitution of the Third Schedule of Act No. 42 of 2006. ——For the Third Schedule of the said Act, the following Third Schedule shall be substituted, namely:— > ### “Third Schedule > [See section 150(3)] > **List of Occupational Diseases** > > **Part-A** > > **1. Occupational diseases caused by exposure to agents arising from work activities** > > **1.1. Diseases caused by chemical agents** > > 1.1.1. Diseases caused by beryllium or its compounds > 1.1.2. Diseases caused by cadmium or its compounds > 1.1.3. Diseases caused by phosphorus or its compounds > 1.1.4. Diseases caused by chromium or its compounds > 1.1.5. Diseases caused by manganese or its compounds > 1.1.6. Diseases caused by arsenic or its compounds > 1.1.7. Diseases caused by mercury or its compounds > 1.1.8. Diseases caused by lead or its compounds > 1.1.9. Diseases caused by fluorine or its compounds > 1.1.10. Diseases caused by carbon disulphide > 1.1.11. Diseases caused by halogen derivatives of aliphatic or aromatic hydrocarbons > 1.1.12. Diseases caused by benzene or its homologues > 1.1.13. Diseases caused by nitro and amino derivatives of benzene or its homologues > 1.1.14. Diseases caused by nitroglycerine or other nitric acid esters > 1.1.15. Diseases caused by alcohols, glycols or ketones > 1.1.16. Asphyxiating gases such as carbon monoxide, hydrogen sulphide, hydrogen cyanide or its derivatives > 1.1.17. Diseases caused by acrylonitrile > 1.1.18. Diseases caused by nitrogen oxides > 1.1.19. Diseases caused by vanadium or its compounds > 1.1.20. Diseases caused by antimony or its compounds > 1.1.21. Diseases caused by hexane > 1.1.22. Diseases caused by mineral acids > 1.1.23. Diseases caused by pharmaceutical agents --- > 1.1.24. Diseases caused by nickel or its compounds > 1.1.25. Diseases caused by thallium or its compounds > 1.1.26. Diseases caused by osmium or its compounds > 1.1.27. Diseases caused by selenium or its compounds > 1.1.28. Diseases caused by copper or its compounds > 1.1.29. Diseases caused by platinum or its compounds > 1.1.30. Diseases caused by tin or its compounds > 1.1.31. Diseases caused by zinc or its compounds > 1.1.32. Diseases caused by phosgene > 1.1.33. Diseases caused by corneal irritants like benzoquinone > 1.1.34. Diseases caused by ammonia > 1.1.35. Diseases caused by isocyanates > 1.1.36. Diseases caused by pesticides > 1.1.37. Diseases caused by sulphur oxides > 1.1.38. Diseases caused by organic solvents > 1.1.39. Diseases caused by latex or latex-containing products > 1.1.40. Diseases caused by chlorine > 1.1.41. Other chemical agents (not in the above list) which arise from the workplace and are scientifically proven or determined by national context to cause related diseases > > **1.2. Diseases caused by physical agents:-** > > 1.2.1. Hearing impairment caused by noise > 1.2.2. Diseases caused by vibration (disorders of muscles, tendons, bones, joints, peripheral nerves or blood vessels) > 1.2.3. Diseases caused by work in compressed or decompressed air > 1.2.4. Diseases caused by ionising radiations > 1.2.5. Diseases caused by optical radiation (UV, visible light, infrared) including laser > 1.2.6. Diseases caused by exposure to extreme temperatures > 1.2.7. Other physical agents not in the previous list, but scientifically proven > > **1.3. Biological agents and infectious/parasitic diseases:-** > > 1.3.1. Brucellosis > 1.3.2. Hepatitis viruses > 1.3.3. HIV > 1.3.4. Tetanus > 1.3.5. Tuberculosis --- > 1.3.6. Toxic or inflammatory syndromes caused by bacteria or fungi > 1.3.7. Anthrax > 1.3.8. Leptospirosis > 1.3.9. Diseases caused by other biological agents where there is scientific evidence > > **Part-B** > > **2. Occupational diseases by target organ systems:-** > > **2.1. Respiratory diseases** > > 2.1.1. Pneumoconioses caused by fibrogenic mineral dusts (silicosis, anthraco-silicosis, asbestosis) > 2.1.2. Silicotuberculosis > 2.1.3. Pneumoconioses caused by non-fibrogenic mineral dusts > 2.1.4. Siderosis > 2.1.5. Bronchopulmonary diseases caused by hard-metal dust > 2.1.6. Bronchopulmonary diseases caused by cotton (byssinosis), flax, hemp, sisal or sugarcane dust (bagassosis) > 2.1.7. Work-related asthma caused by recognised sensitising agents > 2.1.8. Extrinsic allergic alveolitis caused by inhaling organic dusts or microbially contaminated aerosols > 2.1.9. Chronic obstructive pulmonary diseases caused by inhaling coal dust, stone quarry dust, wood dust, grain and agricultural work dust, animal farm dust, textile and paper dust > 2.1.10. Lung diseases caused by aluminium > 2.1.11. Upper airways disorders caused by recognised sensitising agents > 2.1.12. Other respiratory diseases where a direct link has been established scientifically or by relevant methods > > **2.2. Skin diseases:-** > > 2.2.1. Allergic contact dermatoses and contact urticaria caused by recognised allergenic agents arising from the workplace > 2.2.2. Irritant contact dermatoses caused by recognised sensitising agents arising from the workplace --- > 2.2.3. Vitiligo caused by recognised agents arising from the workplace > 2.3.4. Other skin diseases caused by exposure to physical, chemical or biological agents and scientifically proven > > **2.3. Musculoskeletal disorders:-** > > 2.3.1. Radial styloid tenosynovitis due to excessive or forceful movements and extreme postures of the wrist > 2.3.2. Chronic tenosynovitis of the hand and wrist > 2.3.3. Olecranon bursitis due to prolonged pressure on the elbow > 2.3.4. Prepatellar bursitis due to prolonged kneeling > 2.3.5. Epicondylitis due to excessive forceful or repetitive work > 2.3.6. Meniscus lesions following prolonged work in a kneeling or squatting position > 2.3.7. Carpal tunnel syndrome due to repetitive forceful work, vibrating work or extreme wrist postures > 2.3.8. Other musculoskeletal disorders where a link with occupational risk has been scientifically established > > **2.4. Mental and behavioural disorders:-** > > 2.4.1. Post-traumatic stress disorder > 2.4.2. Other mental or behavioural disorders > > **3. Occupational cancer** > > **3.1. Cancer caused by the following agents, namely:—** > > 3.1.1. Asbestos > 3.1.2. Benzidine and its salts > 3.1.3. Bis-chloromethyl ether (BCME) > 3.1.4. Chromium VI compounds > 3.1.5. Coal tars, coal tar pitches or soots > 3.1.6. Beta-naphthylamine > 3.1.7. Vinyl chloride > 3.1.8. Benzene --- > 3.1.9. Toxic nitro and amino derivatives of benzene or its homologues > 3.1.10. Ionising radiations > 3.1.11. Tar, pitch, bitumen, mineral oil, anthracene or their compounds/products or residues > 3.1.12. Coke oven emissions > 3.1.13. Nickel compounds > 3.1.14. Wood dust > 3.1.15. Arsenic and its compounds > 3.1.16. Beryllium and its compounds > 3.1.17. Cadmium and its compounds > 3.1.18. Erionite > 3.1.19. Ethylene oxide > 3.1.20. Hepatitis B and C viruses > 3.1.21. Cancer caused by other agents where an occupational link has been proven > > **4. Other diseases** > > 4.1. Miners' nystagmus > 4.2. Other specific diseases not listed but scientifically proven to be caused by occupational exposure”. ## 93. Repeal and savings. (1) The Bangladesh Labour (Amendment) Ordinance, 2025 (Ordinance No. 65 of 2025), hereinafter referred to as the said Ordinance, is hereby repealed. (2) Notwithstanding the repeal under sub-section (1), any act done, any measure taken or any proceeding initiated under the said Ordinance shall be deemed to have been done, taken or initiated under this Act. Barrister Md. Golam Sarwar Bhuiyan Secretary. Printed by Mohammad Abu Yusuf, Deputy Director (Deputy Secretary), Bangladesh Government Press, Tejgaon, Dhaka. Published by Md. Nazrul Islam, Deputy Director (Deputy Secretary), Bangladesh Forms and Publications Office, Tejgaon, Dhaka. website: www.bgpress.gov.bd <!-- AI-translated from DOC-011_Bangla_OCR.md by Gemini 2.5 Pro. Verify before citing. -->