An Overview of Classification of Workers and Age of Employment Under the Labour Act 2006

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Introduction: The minimum age for workers in Bangladesh is 18 years in factories and establishments. Contracts are made in the form of a letter of offer. Workers may also be engaged on verbal agreements. The dignity of labour is ensured in accordance with the Bangladesh Labour Act, 2006 coupled with the principles enunciated in the ILO convention and recommendations. 1 Bangladesh, with a population of 128.1 million people, has a large and cheap labour force of around 60 million, comprised of 40 million agricultural jobs (growing at one percent a year) and 20 million non- agricultural jobs (growing at six percent a year). 2 Poverty is one of the root causes behind the most talked problems in Bangladesh. This poverty compels the poorer children to do work either hazardous or non hazardous. Children are paid less than adults, with many working up to twelve hours a day. 3 Chapter I: Workers And Their Classification DEFINITION OF WORKER: ‘worker’ means any person including an apprentice employed in any establishment or industry, either directly or through a contractor, to do any skilled, 1 European Commission - Asia Investment Facility-2012 2 Deloitte - International Tax and Business Guide. 3 http://www.unicef.org/bangladesh/children_4863.htm. 1

description

Classification of worker.

Transcript of An Overview of Classification of Workers and Age of Employment Under the Labour Act 2006

Introduction:The minimum age for workers in Bangladesh is 18 years in factories and establishments. Contracts are made in the form of a letter of offer. Workers may also be engaged on verbal agreements. The dignity of labour is ensured in accordance with the Bangladesh Labour Act, 2006 coupled with the principles enunciated in the ILO convention and recommendations.[footnoteRef:2] [2: European Commission - Asia Investment Facility-2012]

Bangladesh, with a population of 128.1 million people, has a large and cheap labour force of around 60 million, comprised of 40 million agricultural jobs (growing at one percent a year) and 20 million non-agricultural jobs (growing at six percent a year).[footnoteRef:3] Poverty is one of the root causes behind the most talked problems in Bangladesh. This poverty compels the poorer children to do work either hazardous or non hazardous. Children are paid less than adults, with many working up to twelve hours a day.[footnoteRef:4] [3: Deloitte - International Tax and Business Guide.] [4: http://www.unicef.org/bangladesh/children_4863.htm.]

Chapter I: Workers And Their Classification

DEFINITION OF WORKER:

worker means any person including an apprentice employed in any establishment or industry, either directly or through a contractor, to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does not include a person employed mainly in a managerial or administrative capacity;[footnoteRef:5] and includes, for the purpose of any proceedings under this Chapter in relation to an industrial dispute, a person who has been dismissed, discharged, retrenched, laid off or wither wise removed from employment in-connection with or as a consequence of that dispute or whose dismissal, discharge, retrenchment, lay off or removal has led to that dispute, but does not include a person employed as a member of the watch and ward or security staff or fire-fighting staff or confidential assistant or telex operator or fax operator or cipher assistant or any establishment.[footnoteRef:6]A person in order to be a worker need not necessarily receive wages[footnoteRef:7]. Mere designation is not sufficient to indicate whether a person is worker.A person does not cease to be a worker only because he is employed in a supervisory capacity.[footnoteRef:8] [5: THE LABOUR ACT-2006 S-2(Lxxv)] [6: S-175 of the Labour Act-2006] [7: State of Bomby Vs.Alisaheb Kasim Tamboli AIR 1955Bom 209] [8: Dosta Textile Mills Vs.Sudhansu Bikas Nath (1988) 40 DLR (AD)45.]

CLASSIFICATION OF WORKERS:

By nature and condition of work:Six types:i. apprentice, ii. badli, iii. casual, iv. temporary, v. probationer, and vi. permanent.[footnoteRef:9] [9: S-4 of the LABOUR ACT-2006.]

On the basis of age: three kinds:-i. child ,ii. adolescent,iii. adult woeker.On the basis of time duration: i. Full time worker ,ii. part time worker.

Others: There are also worker named monthly rated worker, piece rated worker, daily payment basis worker. When a worker is terminate they are called laid off worker, retrench worker. Some are called night shift worker, day shift worker.

Chapter IIAN OVERVIEW OF ALL TYPES OF WORKERS

This chapter elaborately describes about different types of workers,their rights ,duties appointment and termination.

APPRENTICE WORKER

A worker shall be called an apprentice if he is employed in an establishment as a learner, and is paid an allowance during the period of his training.[footnoteRef:10]Apprenticeship is a system of training a new generation of practitioners of a structured competency based set of skills. The system of apprenticeship first developed in the later Middle Ages and came to be supervised by craft guilds and town governments. A master craftsman was entitled to employ young people as an inexpensive form of labour in exchange for providing food, lodging and formal training in the craft. The modern concept of an internship is similar to an apprenticeship. [10: S-4 (2) of the labour act .]

Objectives: training Execution of work for the employer. Process:An employment contract for the apprentice therefore exists when an employer agrees to teach a trade and the apprentice agrees to serve and learn. The contract should provide details relating to what training the apprentice will undertake and how this should be done (e.g. college, day release, attending different sites of the employer, etc). As with other employees, the apprentices contract must also contain the basic details of their role, their working hours, their rate of pay and their holiday entitlement and other employment benefits.

BADLI WORKER & CASUAL WORKER

A worker shall be called a badli if he is employed in an establishment in the post of a permanent worker or of a probationer during the period who is temporarily absent.[footnoteRef:11] [11: S-4 (3) of the LABOUR ACT-2006.]

According to section 4(3) of THE BANGLADESH LABOUR ACT,2006 a worker shall be called a casual worker if his employment in an establishment is of casual nature. Now the phrase casual worker is often used to describe workers who are not part of the permanent workforce but who supply services on an irregular or flexible basis, often to meet a fluctuating demand for work. Casual workers are most often hired as short term replacements for staff and to help manage heavy workloads. At the more senior levels, casuals are used to bring in an expertise in order to support a special project or to transfer knowledge. Generally casual employees are entitled to annual holiday pay, however their entitlements may be met differently to that of a full-time employee. This will depend on the nature of the relationship with the employerCasual workers are entitled to some, but not all of the benefits given to permanent workers. Casual workers are employed on a shift-to-basis. There is a common misconception that casual workers have no employment rights, including, for example, a right to holiday leave and a right to statutory sick pay. Casual workers should have the following rights like:1. Payment of any unused holiday upon the employment ending;1. The right to certain daily and weekly rest breaks;1. Statutory sick pay dependent upon certain requirements being met;1. The right to be protected against deductions from wages or non-payment of wages;1. The right to be protected against discrimination on the grounds of race, sex, disability, age ,part-time status, religion or belief;1. The right to receive the National Minimum wage;1. The right to be protected against any detriment or dismissal as a result of making a protected disclosure;PROBATIONGenerally probation is a trial period during which the employer closely monitors & evaluates worker's job performance to determine whether he is eligible for the post or job. 'Probation' means 'the testing of a person's abilities or behavior find out if he or she is suitable, esp. for a job[footnoteRef:12]. "from the above portions you can say a probationer is a worker who works for a limited period of time, trial period, and after which he will be entitled to permanent appointment to the post for which he completes the trial period. Now, if we closely analyze 5.4 (6) of the Bangladesh labour Act 2006 a probationer is:- [12: Oxford law dictionary. P 98.]

i. He is provisiousnally emloyed is an establishment to fill a permanent vacancy in a post ii. Has not completed the period of his probation.

Dissection of point 1 :Provisionally employed means the worker is employed subject to some conditions. From the above phrase it is clear that the employer has an intention to employ the worker on permanent basic if he fulfills the required conditions for the past,

Dissection of point 2:From point 2 it is clear that the probationer is required to complete a period of probation to be permanent worker and this period is the time from entering into the post up to becoming permanent to that post. 5.4 (8) says about period of probation.

Period of probation:

If we closely read the 5.4(8) we can get two types of worker viz:(a) Clerk and(b) other workerAccording to this subsection of the period of probation for clerk i.e whose function is of clerical nature is six months.The period of probation for other workers is three months.

However, in case of skilled worker the period of probation may be extended for a further three months if the circumstances be such that it has not been possible to determine the quality of his work within the first three month's period of his probation[footnoteRef:13]. [13: [Proviso to 5.4(8)]

If any worker is terminated during his probationary period, whether normal or extended period, is again appointed by the same employer within a period of three years not as a permanent worker, be deemed to be probation and his earlier or period of probation shall be counted to determine his total period of probation.

However, when a permanent worker is transferred to a new post he may be reverted to his old post during the period of his probation for the new post[footnoteRef:14]. [14: S4(10) of LABOUR ACT-2006]

Probation and permanent worker:

In order to treat a worker as permanent he is not required to be appointed on permanent basic. It will be sufficient if he has satisfactorily completed the period of probation. So we can say that the period of probation is the transitional state to transform a probationer into a permanent worker[footnoteRef:15]. [15: MD. Rupali Bank v. first labour court 46 DLR 143]

Probationer and Temporary worker:

It was held in Rupali Bank vs. The chairman 2nd labour court Dhaka[footnoteRef:16] that appointment of employees on temporary basic cannot be termed as probationers in as much as the appointment are not given against any permanent or sanctioned post. [16: 22BLD 2002 (HCD) 143]

Leading case:Samir Malaker V. The chairman ,Divisional Labour court Khulna and another[footnoteRef:17] [17: 23B;D(HCD) 417]

Fact:On 1.12.1985 MR. Samir was initially appointed by a Jute Mill on Caual or adhoc basic for a period of 3 month to work as a compulist for a period of 3 month to work as a computist he was eprforming the job of clerical nature His appointment was subsequently extended 3 times by letter from his appintment may be cuased at anytime but he would not be emtilled to provident fund and gratuity until he was made permanent and his pay scale was also raised from time to time. He was also given yearly bonus like a regular employee. On this ad hoc basic MR samir served The company for as many as 10 years though, He was not made permanent., Suddenly on 02.10.1996.Samir was informed by his employer that he woild ne appointed afrest wothout counting his 10 years service on ad hoc basic.

Fact in issue:Can samir claim himself to be a permanent worker and take action again the decision of his emplyer ?

Judgment:The court held that the petitioner was to be treated as a permanent worker.Arguments supporting the judgment:

1. An work to be temporary must exentially be temporary in nature and is likely to be finished withing a limited perod. Buy in this case work of the computist is not temporary in nature.

2.There is no provision in the act to appoint a worker on ad-hoc basic.

3. As the work of Mr. samir is clerical in nature so his period of probation will be six month after which he is entilled to get all benfits of his service including his gratuity as a permanent worker.

Right of probationer:

A probation has the following right-

1 To get letter of appoimtment and indentily card with photograph 2. To get compensation and other banafits when he was been terminated, Discharged ETC. But if there be any condition that he will have to serve the employer fro at least one year contiusly in that case he is barred by such condition.

3.It he has any interest in the provident fund he is entitted to get that

4.He is entilled to get a certificate of service from his employer when he is no more employee under the employer .5. he has right to reing from his contrarry to this,

CHAPTER -IIIAn overview on Temporary & Permanent workers

Temporary employment includes work under a fixed-term contract, in contrast to permanent work where the contract which regulates the employment relationship has no end-date. This chapter first reviews the conflicting definition of temporary workers, history of temporary employment, appointment of temporary workers, termination of temporary workers, advantages of temporary works , disadvantages of temporary works, role of temporary workers in the economy .DEFINITION OF TEMPORARY WORKERSthe word means "temprary worker shall be called a temporary worker if he is employed in an establishment for work which is essentially of temporary nature, and is likely to be finished within a limited period[footnoteRef:18]. From the above definition it is quite clear that the vital question for one`s becoming temporary workers is the nature of the works where he is employed. The High Court has held in Managing Director Rupali Bank Ltd. Vs. First Labor Court and Others[footnoteRef:19] that the term temporary worker has a connotation which is different from popular and dictionary meaning of the term. [18: Chapter 2 of BD LABOUR ACT-2006 S-4] [19: (1994) 46 DLR 143.]

TERMINATION OF TEMPORARY WORKERSAccording to the Labour Act 2006[footnoteRef:20] The employment of a temporary worker may be terminated by the employer, otherwise than in the manner provided elsewhere in this chapter, and if it is not due to the completion, cessation, abolition or discontinuance of the temporary work for which he was appointed, by giving to him in writing- [20: Section 26(2)]

(a) thirty days notice, if he is a monthly rated worker;(b) fourteen days notice, in case of other worker.(3) Where an employer intends to terminate the employment of a worker without any notice, he may do so by paying to the worker, wages in lieu of the notice,

ADVANTAGES OF TEMPORARY WORK: THE TEMPORARY WORKER the easiest way to gain employment within their chosen sector. Option of returning to work after a long period of illness or after being a full time mother. option start a career within a particular business. DISADVANTAGES OF TEMPORARY WORK: THE TEMPORARY WORKER The pay rate is usually lower than that of a permanent worker. No guarantee that a job will last for very long. with no prior notice. Holiday and sick benefits is not ensured properly. Temporary workers are being kept as a temp for years without any sign of being made permanent.

PERMANENT WORKERS:

Under section 4(7) of The Bangladesh Labour Act,2006 worker shall be called a permanent worker if he is employed in an establishment on a Permanent basis or if he has satisfactory completed the period of his probation in the establishment. Under section 4(10) If a permanent worker is employed as a probationer in a new post, he may at any time during the probationary period, be reverted to his old permanent post.Permanent employment is a full-time, salaried position with a contract to work the minimum amount of 36 hours each week. The vast majority of workers are on a permanent contract and it's as much for the protection or the employer as it is for the employee. The employer can even terminate the employment of a particular worker without any notice as mentioned above, if the employer pays the wages to the terminated worker for aforesaid period of notice. If the case is for a permanent worker who is terminated by the employer without notice entitled to:

120 days wages (in lieu of notice) plus compensation of 30 days wages for every completed year of service plus other benefits payable to him/her (includes un-availed annual leaves, provident fund etc.)

Employees can terminate on the basis of incapacity, dismissal for misconduct, retrenchment for redundancy. These are applicable for employees working for more than a year. Advantages:1. Financial security: There has a certain amount of money paid to a worker every month which allows the worker to budget effectively.1. Career opportunities are more accessible and a worker will set goals to achieve within his role.1. He will generally have a greater sense of job satisfaction as he become integrated into team and make long term friendships with colleagues.

Disadvantages: 1. Work-life balance. Friends, family and other commitments may be affected by working long hours for an employer.1. Many people become frustrated by a lack of change and the same commute, the same four walls and the same colleagues every day can be a grind.1. Notice periods tie a worker to an employer for a certain amount of time even if he want to leave, which can put other employers off if it's a long time period.

Chapter: IVAge of EmploymentAge of employment means the age limit to enter into any employment. All are not fit for work. There is some variety among persons according to their physical capability, mental capability and above all age capability. The persons who are under-aged normally cannot work or have no capability to work. Age of employment also refers the upper limit of age to carry on work. Thus age of retirement is also covered by the term.Who is a child labourer?The term child labour generally refers to any economic activity performed by a person under the age of 15, defined by the International Labour Organization (ILO) of the United Nations. On the beneficial side of the continuum, there is light work after school or legitimate apprenticeship opportunities, such as helping out in the family business or on the family farm. At the destructive end is employment that is Preventing effective school attendance; Hazardous to the physical and mental health of the child.[footnoteRef:21] [21: A new tool to combat the worst forms of child labour, ILO, 1999]

Minimum age for admission to employment and work[footnoteRef:22]: [22: ILO Convention No. 138]

The main principles of the ILOs Convention concerning the minimum age of admission to employment and work are in the table below.[footnoteRef:23] [23: ILO Conventions and Recommendations on child labour. (www.ilo.org)]

The minimum age at which children can start work.Possible exceptions for developing countries

Hazardous work Any work which is likely to jeopardize childrens physical, mental or moral heath, safety or morals should not be done by anyone under the age of 18.[footnoteRef:24] [24: Conventions Nos. 138 and 182.]

18 (16 under strict conditions)18 (16 under strict conditions)

Basic Minimum Age The minimum age for work should not be below the age for finishing compulsory schooling, which is generally 15.[footnoteRef:25] [25: Ibid.]

1514

Light work Children between the ages of 13 and 15 years old may do light work, as long as it does not threaten their health and safety, or hinder their education or vocational orientation and training.[footnoteRef:26] [26: Ibid.]

13-1512-14

Age limits for work in countries worldwide:Age limits differ from activity to activity and from country to country. The legal minimum age for all work in Egypt, for example, is 12; in the Philippines, 14, in Hong Kong, 15. Peru adopts a variety of standards: the minimum age is 14 in agriculture; 15 in industry; 16 in deep-sea fishing; and 18 for work in ports and seafaring[footnoteRef:27]. [27: The state of the worlds children 1997, UNICEF, 1997]

Current situation of Bangladesh:The term child has been defined in this way, child means a person who has not completed his fourteenth year of age;[footnoteRef:28]According to the International Labour Organisation definition (right), there are about 3.2 million child labourers in Bangladesh[footnoteRef:29]. [28: S.2(Lxiii) of Bangladesh labour Act,2006] [29: Bangladesh Bureau of Statistics, Report on National Child Labour Survey, 2002-2003]

In slums almost one in five children aged 5-14 are child labourers, and of these, only 25 per cent attend school[footnoteRef:30]. Child employment rates increase with age, but even about two per cent of five-year-olds and three per cent of six-year-olds work[footnoteRef:31]. Child labour is a visible part of everyday life in Bangladesh. On average, children work 28 hours a week and earn 222 taka (3.3 USD) a week[footnoteRef:32]. [30: BBS/ UNICEF, Multiple Indicator Cluster Survey 2006, October 2007] [31: UNICEF, ILO, World Bank Group, Understanding Childrens Work in Bangladesh, June 2009 (unpublished)] [32: Bangladesh Bureau of Statistics, Report on National Child Labour Survey, 2002-2003]

Many of the jobs that children in Bangladesh perform are considered hazardous, and put their physical and mental development at risk. The UN Committee on the Rights of the Child expressed concern in 2009 that many Bangladeshi children continue to work in five of the worst forms of child labour, namely welding, auto workshops, road transport, battery recharging and tobacco factories[footnoteRef:33]. [33: Concluding observations of the Committee on the Rights of the Child: Bangladesh, June 2009]

Laws in Bangladesh:1. Constitutional safeguard:Article 20 of the Bangladesh Constitution refers to work as a right and a duty and a matter of honour of every citizen who is capable of working[footnoteRef:34]. Work as a right and duty as a fundamental principle of state policy is a guide to interpretation of the laws of Bangladesh[footnoteRef:35]. So every single law that regulate the labour sector of the country shall ensure honour and payment according to the principle from each according to his abilities, to each according to his work[footnoteRef:36]. [34: Art.20.The Constitution Of The Peoples Republic of Bangladesh.] [35: Mahmudul Islam, constitutional law of Bangladesh, 2009, p.56.] [36: Supra note.]

Article 28(4) of the Constitution empowers the State to make special provisions for the benefit of children. It says nothing in this article shall prevent the state from making special provisions for women and children .[footnoteRef:37]. This vital provision of the constitution is the main weapon of the Govt. for preventing unjust and child labour. [37: Art.28(4).The Constitution Of The Peoples Republic of Bangladesh.]

Art. 34(1) of the constitution states forced labour is prohibited and an offence[footnoteRef:38]. [38: Art.34(1). The Constitution Of The Peoples Republic of Bangladesh.]

2. The Labour Act, 2006:

Bangladesh enacted the Labour Act in 2006, which includes a chapter on child labour. This law prohibits employment of children under 14 years of age, as well as prohibiting hazardous forms of child labour for persons under age 18. However, children who are aged 12 and above may be engaged in light work that does not pose a risk to their mental and physical development and does not interfere with their education. No child shall be employed or permitted to work in any occupation or establishment.[footnoteRef:39] The definition of child stated in Labour Act says that a person who has not completed his fourteen years of age[footnoteRef:40]. [39: S.34 of Bangladesh labour Act,2006] [40: S.2(Lxiii) of Bangladesh labour Act,2006]

Exception:Notwithstanding anything contained in the chapter 3 of labor Act,2006 a child who has completed twelve years of age, may be employed in such light word as not to endanger his health and development or interfere with his education.[footnoteRef:41] This section also provides that the hours of work of such child, where he is school going, shall be so arranged that they do not interfere with his school attendance. [41: S.44 of Bangladesh labour Act,2006]

The law does not provide a strong enforcement mechanism for the child labour provisions. Additionally, the vast majority of children (93 per cent) work in the informal sector[footnoteRef:42] which makes enforcement of the relevant legislation challenging. [42: Bangladesh Bureau of Statistics, Report on National Child Labour Survey, 2002-2003]

In case of adolescent:According to the labour code the term adolescent means a person who has completed his fourteenth year but has not completed eighteenth year of age.[footnoteRef:43] [43: S.2(viii) of Bangladesh labour Act,2006]

No adolescent shall be employed or permitted to work in any occupation or establishment unless a certificate of fitness in the prescribed form and granted to him by a registered medical practitioner is in the custody of the employer; and he carries, while at work, a token giving a reference to such certificate[footnoteRef:44]. The definition of adolescent according to labor act is a person who has completed his fourteen years but has not completed eighteenth years of age. [44: S.34 of Bangladesh labour Act,2006]

Exception:When the employment of any adolescent is in any occupation pr establishment either as an apprentice or for the purpose or receiving vocational training then this section will not apply.[footnoteRef:45] [45: S.34 of Bangladesh Labor Act,2006]

Disputes as to age:S. 36 of Bangladesh labor Act ,2006 says that if any question arises as to whether any person is a child or an adolescent, the question shall, in the absence of a certificate as to the age of such person granted by a registered medical practitioner, be referred by the Inspector for decision to a registered medical practitioner. And this certificate as to age of a person granted by a registered medical practitioner, shall be conclusive evidence as to age of the person to whom it relates.Other cognate Laws:There are a number of statutes which stipulate the minimum ages at which children can legally work in certain sectors.[footnoteRef:46] [46: 3rd and 4th periodic reports combined: CRC/C/BGD/4, 23 October 2008.]

I.E.(a) Mines (Mines Act 1923) -15 years (with medical certificate of fitness);(b) Shops and other commercial establishments (Shops and Establishments Act 1965) -12years;(c) Factories (Factories Act 1965) - 14 years (with medical certificate of fitness);(d) Railways and ports (Employment of Children Act 1938) -15 years;(e) Workshops where hazardous work performed (Employment of Children Act 1938)-12years;(f) Tea gardens (Tea Plantation Labour Ordinance 1962) - 15 years.

3. Governmental and non-governmental effort:

The Ministry of Labour and Employment has recently adopted a National Child Labour Elimination Policy 2010, which provides a framework to eradicate all forms of child labour by 2015. UNICEF was one of many stakeholders to provide feedback on this policy. A Child Labour Unit has been established as part of this policy, which will have responsibilities including collecting and disseminating data relating to child labour. According to this policy, the criteria for defining hazardous work for children includes: working more than five hours a day; work that creates undue pressure on physical and psychological wellbeing and development; work without pay; work where the child becomes the victim of torture or exploitation or has no opportunity for leisure[footnoteRef:47] [47: Child Labour in Bangladesh. UNICEF,2011, p.3.]

The Government of Bangladesh ratified the ILO Convention 182 on the Worst Forms of Child Labour (WFCL) in 2001. Nearly 3.2 million children aged 5-17 work in Bangladesh[footnoteRef:48]. Out of these child labourers, 1.3 million are engaged in hazardous work[footnoteRef:49].To address these conditions, the ILO International Programme on Elimination of Child Labour (IPEC), ADB and UNICEF supported the Government of Bangladesh in developing a National Time-Bound Programme (TBP) towards eliminating all forms of worst forms of child labour by 2015[footnoteRef:50]. It focuses on strengthening the knowledge base and preparing models that regulate, monitor and address hazardous child labour in an urban informal economy for country replication[footnoteRef:51]. [48: Bangladesh Bureau of Statistics, 2003] [49: ILO and BBS, Baseline Survey for Determining Hazardous Child Labour Sectors in Bangladesh, 2005.] [50: Bangladesh Decent Work Country Programme (DWCP). (2006-2009). & United Nations Development Assistance Framework (UNDAF) 2006-2010.] [51: Bangladesh Decent Work Country Programme (DWCP), ILO, p.2.]

Age of retirement:The term retirement has been defined by sec 2(i) of Bangladesh Labour Act, 2006.According to the labour act, 2006 Retirement Means normal termination of employment of a worker on attaining certain age under section 28 of the Act[footnoteRef:52]. [52: S.2(i), Bangladesh Labour Act, 2006.]

Provided that retirement shall also include voluntary retirement from service on completion of 25 years of service in any establishment[footnoteRef:53]. [53: Ibid.]

S.28. Retirement of worker : (1) A worker employed in any establishment shall, notwithstanding anything contained elsewhere in this chapter, retire from employment ipso facto on the completion of the fifty-seventh year of his age.(2) For the purpose of counting age of the worker under this section the date of birth recoded in the service book of the concerned worker shall be the conclusive proof.(3) Every retiring worker under the provisions of section 26(4) or under own service rule of the establishment, shall be paid his benefits due to him.(4) Appropriate authority, if thinks proper, may afterwards, employ the retiring worker under Contract.Chapter: VRecommendations In certain cases this law loses its effectiveness as 93 per cent of child labourers work in the informal sector in small factories and workshops, on the street, in home-based businesses and domestic employment[footnoteRef:54]. There seems paucity of integrity in terms of meeting the meaningfulness of labour laws and of satisfying the expected goal. Out of them, only a slight intentional step of the one may make the laws objectless. Reasonably we have some directions which are likely to meet the ultimate goal as regards the promulgation of the said law. Some are as follows: [54: http://www.unicef.org/bangladesh/children_4863.htm.]

Provisions must be enacted which accelerate the sense of morality resulting into the sense of ultimate responsibility as regards both the employer and the employee In a bit to enjoying the fitness certificate, the registered medical practitioners have been given authority imprudently which facilitates malafide intention resulting into corruption. This mechanism should be specialized. And for this, a strong monitoring team is a must which scrutinizes the process through which certificate will be made and finally ensures the authenticity of the certificate. In terms of satisfying the standard of different types of workers i.e child worker and so on, the age of employment as we find, has been made colonially. It should be decolonized. So the real democratic consideration requires here with a view to facing the colonial and monarchical challenges up and to democratizing the whole system of legal arena in particular, and of the social body in general.

Conclusion:Cheap labouers is the backbone of the economy of every third-world country. A very scientific classification of them enables the Govt. easy monitoring through specific laws. Child labour destroys a countries chance to provide more skilled and ex-part workforce for future. Only special monitoring service can ensure a better society & future for workers.19