Worker’s Retrenchment Under Labour Law

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    Workers Retrenchment Under Labour Law

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    ABSTRACT

    Role of labour and industrial laws are of paramount importance. We know that the

    total economy of a country greatly depends upon the industrial sector. In addition,

    the growth of the industrial sector in ol es with some ma!or aspect. "hese ma!or

    aspects are the local in estment policy, foreign direct in estment policy, labour

    management etc. Besides the necessary infrastructure for in estment natural

    resources are also important and it is ery clear that if all these essential elements

    are not a ailable then growth of industrial sector is unfeasible. Besides all these

    things labour issues are also ery important. #roper management of labour is an

    essential matter for growth of industrial sector. "imely disposal of labour disputes are

    also important. We see that in most of the cases the labour law disputes do not sol e

    with in short time. So the remedy which is essential from the case becomes delayed.

    "he labour law is ery much important in Bangladesh perspecti e. It is highly

    important for the industrial de elopment of Bangladesh. We know that labour is a

    most important part of an industry. So, we can not think an industry with out labour.

    Labour right is most essential in Bangladesh. But the labours are in ignorance about

    their right. "hey don$t know properly about labour laws and education. It is a great

    problem. %or this reason, they retrenched by the employee. &ery often, they

    retrenched with out any legal process. So I don$t support the retrenchment of the

    labour by any illegal process. "he retrenchment of labour should be legal andhumanly treated. In chapter fi e I discussed about Labour Court and Labour

    'ppellate "ribunal in Bangladesh including application to the Labour court ,

    (urisdiction of the labour court , #ower and status of the labour court in trying

    offences , a labour court is a ci il court and #ower and functions of the labour court

    and the tribunal. Lastly in chapter si) I tried to discuss about my conclusion on the

    thesis like %indings, Recommendations, and Scope for %urther Study which are my

    opinion. In this way I tried to organi*e my thesis.

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    CONTENTS

    Abstract

    4Cha ter !"NTRO#UCT"ON $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$%&$!'(+.+Introduction-+. /b!ect of theStudy -+.0 Importance ofStudy 1+.2 Scope and Limitation ofStudy 1+.3 4ethodology ofStudy 1+.5 /rgani*ation of"hesis 6

    Cha ter )LABOUR LAW "N BAN*LA#ES+ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ %!!$! (

    .+ 7mploymentConditions ++

    . Labour Laws++

    .0 Settlement of Labour 8isputes +

    .2 Wages and %ringeBenefits +

    .3 Lea e 9:olidays +

    .5 SocialSecurity +

    .- Labour;nion +0

    .1 Working:ours +0

    Cha ter RETRENC+-ENTS$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$%!4$!&( 0.+Retrenchments+20. Conditions for a alid Retrenchment+2

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    0.0 #rocedure ofRetrenchment +30.2 Retrenchmentcompensation +30.3 Re employment of retrenched workers+5

    0.5 Condition of re employment for Retrenchment workers+50.- 8istinction between lay off and Retrenchment+5

    Cha ter 4CASE STU#"ES$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$%!.$ !(2.+ 4 Ltd. s. "he chairman second labour +12. 'minul Islam s. (ames %inlay Co.Ltd+6 2.0 Bangladesh tea estate ltd Bangladesh tea estate staff union

    ?

    2.2 Banks 9 'nother s. Coca Cola S'+ 2.3 /osthui*en s. "elkom S' Ltd

    0 2.5 #erumal 9 another s. "iger Brands

    22.- @ero 'ppliances =#ty> Ltd s. CC4' 9 /thers 3 2.1 Leppan and Suretrade ++? CC t Ltd 0?

    Cha ter /LABOUR COURT AN# LABOUR A00ELLATE TR"BUNAL$$$$$$$$$$$$ % )$ /(3.+Introduction03. 'pplication of the Labourcourt 03.0 (urisdiction of the labourcourt 003.2 #ower and status of the labour court in trying offences003.3 ' labour court is a ci il court

    003.5 #ower and functions of the tribunal02

    Cha ter 1CONCLUS"ON$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$% 1$ &(5.+%indings

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    5. Recommendations055.0 Scope for %urtherStudy 0-

    BIBLI/DR'#:01

    'BBRIBI'"I/E06

    C'S7 IE87F2?

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    Cha ter 2 !"NTRO#UCT"ON+.+ Introduction

    +. /b!ecti es of the study+.0 Importance of Study+.2 Scope and Limitation of Study+.3 4ethodology of study+.5 /rgani*ation of "hesis

    %!3!( "ntroduct on

    Barriers to timely resolution of labour disputes in ol e two types of issuesG one is thelegal barrier and the other is the practical one. "o deal with the first one, we begin byoutlining the origin of Labour Courts, its constitution, composition, powers andprocedures, including the Labour 'ppellate "ribunal, as the machinery for disposal of

    arious types of labour cause. "his outline is then followed by a short account for theterritorial and other !urisdictional aspects of Labour Court. "he ne)t, third, sectionoffers a detailed e)pose of the barriers, along with suggestion for facilitating timelydisposal of labour cases, ending with a concluding section. "his thesis includesnumerical representations of the state of labour case under arious rele ant laws.

    %!3)(The Ob5ect 6es o7 Stud8

    "he ob!ect of both the law is to establish a continuous process of harmoniousrelationship between the employers and employee. "hey ha e another ob!ect of fastening together both the labour and capital in order to create an atmosphere thatthey are an indi isible whole in production. "he ultimate ob!ect of labour andindustrial law is to maintain industrial peace security and steady growth of

    production.

    "he origin and growth of labour law may be ascribed mostly to the de elopment of organi*ed industry where a large number of workers including women and childrenare employed under conditions which tend to be detrimental to their safety andwelfare and against which they are often to protect themsel es.

    %rom historical point of iew labour law has gi en birth to some fundamentalindustrial rights to labours in the field of production. 't the same time it has alsopro ided protection for those rights.

    %rom a practical point of iew labour and industrial law pro ide for three types of dispute settlement measures oluntary settlement machinery, Auasi !udicialmachinery and !udicial machinery.

    %!3 ( "m ortance o7 the Stud8

    Labour and industrial legislation is necessary for the following reasons

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    "he indi idual workers are economically weak. "hey cannot bargain with theemployees for the protection of their rights and e en for subsistence wages. 's suchlegislation for protection of labour against long hours of work unhygienic conditionsof work low wages and e)ploitation is needed. "he workers are e)posed to certainrisks in factories mines and other establishment. 's such in order to make pro isionsfor their health safety and welfare legislation is needed. In order to increases the

    burning power of labour legislation is necessary to encourage the formation of tradeunions.

    %!34( Sco e and L m tat on o7 Stud8

    "he discussion of this dissertation will be limited within the scope of the /rigin andhistorical de elopment of Labour law of Bangladesh, the #roblems of Labour law of Bangladesh, problems of Labour education in Bangladesh and some case studies. "hesystem of enrolment in the Bar Council also discussed. "here will be discussed aboutsome nature of crimes committed usually.

    %!3/( -ethodo9o:8 o7 Stud8

    "he methodology used in the thesis is Hualitati e 4ethodology. /ur research worksare based on +. :istorical Study and . 'nalytical Study.

    !3 + stor ca9 Stud8; It has a historical back ground of worker$s mo ement for theestablishment of their rights. "he worker$s mo ement becomes successful. Eow themodern world, 4odern state and ;nited Eations /rgani*ation highlighted the workerin their dignity, honor, position, participation social work political acti ity etc.

    In Bangladesh the worker$s retrenchment are guaranteed in their constitution, statelaws, and social and state acti ities. "hrough the historical re olution the worker$sright has come to this position. "he history worker$s mo ement started from +6-+after successful ictory of the Bangladesh war of Independence. So, to write this

    thesis we ha e to use historical study.

    )3 Ana98t ca9 Stud8; In this the