Worker’s Retrenchment Under Labour Law

8/11/2019 Workers Retrenchment Under Labour Law

1/36

wertyuiopasdfghjklzxcvbnmqweyuiopasdfghjklzxcvbnmqwertyuipasdfghjklzxcvbnmqwertyuiopa

dfghjklzxcvbnmqwertyuiopasdfgjklzxcvbnmqwertyuiopasdfghjklzcvbnmqwertyuiopasdfghjklzxcvbmqwertyuiopasdfghjklzxcvbnmq

wertyuiopasdfghjklzxcvbnmqwertuiopasdfghjklzxcvbnmqwertyuioasdfghjklzxcvbnmqwertyuiopas

fghjklzxcvbnmqwertyuiopasdfghklzxcvbnmqwertyuiopasdfghjklzxvbnmqwertyuiopasdfghjklzxcvbmqwertyuiopasdfghjklzxcvbnmq

wertyuiopasdfghjklzxcvbnmqwertuiopasdfghjklzxcvbnmrtyuiopasfghjklzxcvbnmqwertyuiopasdfghklzxcvbnmqwertyuiopasdfghjklzxvbnm wert uio asdf h klzxcvb

Workers Retrenchment Under Labour Law

Collected by BdLawSource.Com


2/36

www.bdlawsource.com

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.

www.bdlawsource.com


3/36

www.bdlawsource.com

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

www.bdlawsource.com


4/36

www.bdlawsource.com

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

www.bdlawsource.com


5/36

www.bdlawsource.com

5. Recommendations055.0 Scope for %urtherStudy 0-

BIBLI/DR'#:01

'BBRIBI'"I/E06

C'S7 IE87F2?

www.bdlawsource.com


6/36

www.bdlawsource.com

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

www.bdlawsource.com


7/36

www.bdlawsource.com

"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 thesis the formation de elopment and solutionsregarding worker$s right and retrenchment are to be discussed. In this process of analysis the laws related to the sub!ect and solutions from the !udicial process are tobe discussed. "he enforcement of worker$s right is !udicial matter. So in this processof study the analytical study is necessary and important for this thesis. %or ourresearch works we followed the analytical study.

"he main ob!ect of the study is to e aluate effects and importance on persons,society and the state. "he study is mainly Aualitati e in nature because, the impactthat the study has searched would not be possible to assess without Aualitati e data.Legal issues, !udicial rulings and administrati e management of the go ernment andthe public, all are related with the issues. "he research work is in ol ed with thelegal matter, administrati e matter and !udicial decision of the worker$sretrenchment. ;nder these circumstances a regulated research work will be suitableto sol e the problems after in estigating different ariables such as laws relating to

' Study on Worker$s Retrenchment under Labour Law Bangladesh #erspecti eJ.

Eormally researchers depend on different methodological approaches. Researchmethod is an important factor for all kinds of study. "here are two kinds of empiricalresearch methods namely.

www.bdlawsource.com


8/36

www.bdlawsource.com

+. Hualitati e Research 4ethod and .Huantitati e Research method.Research on ' study on worker$s retrenchment of BangladeshJ a new admirationhas emerged among the !udicial persons, educators, sociologists, psychologists andpublic interest, lawyers, politicians, scientists and many others. #eaceful, legal,moral, ethical happy life in the society is the ital issue for the man kind. So

considering all the abo e factors this research works utili*es the followingmethodologies K

1. Case study method,2. (udicial method,3. Dround theory method.4. Sociological 4ethod,5. Statistical 4ethod.

4ethod ;sed in this thesis

"he method is used in this dissertation is action oriented. "he study has beenconducted on the basis of two principal sources of data collection. "hese are +.#rimary Source, . Secondary source.

"he basic data has been collected from the administrati e source, legislati e lawsand historical e ents. /ther data has been collected from !udicial rulings andaffected person$s information. By focusing efforts on critical issues of authorityconcern, and the ictim persons concern are the important sources of data collection.

%!31( Or:an


9/36

www.bdlawsource.com

Coca Cola S' , /osthui*en s. "elkom S' Ltd. , #erumal 9 another s. "iger Brands ,@ero 'ppliances =#ty> Ltd s. CC4' 9 /thers, Leppan and Suretrade ++? CC t Ltd

Redundancy 9 77' reAuirement etc.

.

www.bdlawsource.com


10/36

www.bdlawsource.com

Cha ter )

LABOUR LAW "N BAN*LA#ES+;

.+ 7mployment Conditions. Labour Laws

.0 Settlement of Labour 8isputes

.2 Wages and %ringe Benefits

.3 Lea e 9 :olidays

.5 Social Security

.- Labour ;nion

.1 Working :ours

Labour Law n Ban:9adesh;

Bangladesh offers an abundant supply of disciplined, easily trainable and low costwork force suitable for any labor intensi e industry. /f late, there is an increasing

supply of professionals, technologists and other middle and low le el skilled workers."hey recei e technical training from uni ersities, college, technical training centers,polytechnic institutions etc. "he e)penditure incurred by an employer to train hisemployee is e)empted from income ta).

=)3!(3 Em 9o8ment Cond t ons

"he minimum age for workers in Bangladesh is +5 years in factories andestablishments. Contracts are made in the form of a letter of offer. Workers may alsobe engaged on erbal agreements. In go ernment organi*ations and in some pri ateorgani*ations as well, a probation period e)ists for skilled or semi skilled workers

arying between three month$s to one year and during this period either party mayser e one monthMs notice for "ermination from or gi ing up to the !ob. In the pri atesector, the dignity of labor is ensured in accordance with the principles enunciated inthe IL/ con ention and recommendations.

=)3)(3 Labour Laws

In Bangladesh 2- labour laws are now in operation. "hese relate to =a> wages andemployment, =b> trade union 9 industrial disputes, =c> working en ironment and =d>labour administration and related matters. "he main labor laws are

WorkmenMs Compensation 'ct, +6 0,

#ayment of Wages 'ct, +6054aternity Benefit 'ct, +6057mployment of Labour =Standing /rders> 'ct, +653Shops 9 7stablishments 'ct, +653%actories 'ct, +653Industrial Relations /rdinance, +656

%)3 (3 Sett9ement o7 Labour # s utes

www.bdlawsource.com


11/36

www.bdlawsource.com

Contract or agreement is usually made between the management and the Collecti eBargaining 'gent =CB'> on settlement of industrial disputes as per pro isions of Industrial Relations /rdinance, +656 +. In case a bipartite negotiation fails,conciliation machinery of the go ernment is reAuested by the aggrie ed party tointer ene and the conciliation process is undertaken. If succeeds agreement is signedbetween the parties and the Conciliation /fficer becomes a witness. If it fails, theparty raising the dispute may go for strike or lockout as the case may be. "hego ernment may, howe er, prohibit the same after one month in the interest of thepublic. In the essential ser ices like, =a> electricity, gas, oil 9 water supply etc. =b>hospital 9 ambulance ser ice, =c> fire brigade, =d> railway 9 Bangladesh Biman and=e> ports etc., strike is prohibited.

%)34(3 Wa:es and =r n:e Bene7 ts

In the public sector, wages and fringe benefits of the workers are determined by thego ernment on the recommendation of the Eational Wages Commission establishedfrom time to time. Such commissions were appointed in +6-0, +6--, +612, +616 9 +66 . Wages 9 fringe benefits declared by the go ernment in +6-- ha ing ? gradesof wages. "he public sector employees are, howe er, co ered by the #ay Commissiondeclared by the go ernment from time to time.

In the pri ate sector, the wages 9 fringes benefits of the workers and employees aredetermined through collecti e bargaining process. Sometimes pri ate industriesfollow the public sector wages 9 salary structure for their workers and employeesrespecti ely.

%)3/(3 Lea6e > +o9 da8s

Lea e 9 holidays of the workers 9 employees are regulated by the %actories 'ct,+653 and shops 7stablishment 'ct, +653.

%)31(3 Soc a9 Secur t8

Workmen Compensation, 4aternity Benefit ="ea 7state> 'ct, +63?, 4aternity Benefit'ct, +606, 7mployment of Labour =standing orders> 'ct, +653 etc. deal withpro ident fund and gratuity.

%)3&(3 Labour Un on

Industrial Relations /rdinance, +656 + deals with trade union in Bangladesh. In anyindustrial and commercial establishment, a trade union may be formed with 0?N of the total number of workers employed. If there is more than one union in anyestablishment, Collecti e Bargaining 'gent is determined by the Registrar of "rade

1

21. Industrial Relations Ordinance, 1969 (Ordinance No. XXIII of 1969).

www.bdlawsource.com


12/36

www.bdlawsource.com

;nion through sector ballot for a term of two years. /nly the Collecti e Bargaining'gent is authori*ed to raise industrial disputes and negotiate with the management."he 8irector of Labor of the go ernment acts as the Registrar of "rade ;nion inBangladesh. "ill 8ecember +665G 2633 trade unions =workerMs union 2+?2 9 employers association 13+> e)its in Bangladesh ha ing +-, 0?, 6 - members.

Industrial Relations /rdinance, +656 and "he Industrial Relations Rules, +6--pro ides that any worker or employer< has the right to form a union


13/36

www.bdlawsource.com

Cha ter $

RETERNC+-ENTS0.+ Retrenchment0. Conditions for a alid Retrenchment0.0 #rocedure of retrenchment0.2 Retrenchment compensation0.3 Re employment of retrenched workers0.5 Condition of re employment for retrenchment workers0.- 8istinction between lay off and retrenchment

% 3!( Retrenchment

Section =++> define the term retrenchment as the termination by the employer of

ser ice of workers not as a measure of punishment inflict by way of discipline actionbut on the ground of redundancy. RetrenchmentJ means the termination by theemployer of the ser ices of workers on the ground of redundancy Osec. =A>P . "husretrenchment measure to remo e surplus staff it results in a complete se erance of employer relationship. "he definition also makes it clear that retrenchment is a kindof termination but e ery termination is not retrenchment. "o be retrenchment thetermination must be on the ground of sedentary. +

% 3)( Cond t ons 7or a 6a9 d Retrenchment

'ccording to section ? read with section =++> the conditions of a alidretrenchment are as follows

1. "he workers to be retrenchment must be gi en one month$s noticeG

2. "he notice must be gi en in writingG

3. the notice must be contain reasons for retrenchmentG

4. alternati e to condition = > abo e, instead of gi ing one months, a workermay be retrenched instantly by gi ing him payment of wages for the periodof noticeG

5. a copy of the notice of retrenchment must be send to the chief inspectorG

6. a copy of the notice must be send to the CB'G

7. there must be termination of ser ices of a workman on the ground ofredundancy or surplus labourG

1. Md. Abdul Halim, The Bangladesh Labour Code, 2006,CCB Foundation, Ed.1, .!6

www.bdlawsource.com


14/36

www.bdlawsource.com

% 3 ( 0rocedure o7 retrenchment

Section ? of the code incorporates the well recogni*ed principle of retrenchment inindustrial law +, namely, the last come first goJ or first come last goJ. "he principallaid down in section ? for retrenchment procedure are to be adhered to by e eryemployer. "he conditions which this section prescribes for the procedure ofretrenchment are as follows

1. "he claiming the protection of retrenchment procedure under section ?must be a Qworker$ within the definition in clause=53> of secion G

2. "he person must belong to a particular category of workers in theestablishment concernedG

3. "here should not be any agreement between the employer and employeecontrary of Qlast come first go$.

4. "he employer is bound to comply with all the abo e conditions whileretrenching a worker. :owe er, the employer can de iate from this procedureon !ustifiable reasons which must be recorded.

% 34( Retrenchment com ensat on

;nder clause =c> of section ?= > payment of compensation for retrenchment ismandatory. "he pro isions of compensation for retrenchment are as follows

(1) 't the time of retrenchment the worker must be paid compensation eAui alent tothirty day$s wages for e ery completed year of ser ice or for any part thereof in e)cess of si) month$s or gratuity, if any, whiche er is higher,

(2) "o claim compensation for retrenchment the worker must show that he has beenin continuous ser ice for not less than one year under that employer whohas retrenched himG

(3) If a worker who is to be laid off e en after first 23 days in a calendar year undersection +5=->, is retrenchment instead of laying off, no notice will bereAuired. :owe er, he shall be paid +3 day$s wages in addition to thecompensation or gratuity which may be payableG

(4) Wages as compensation for retrenchment will mean the a erage of the basicwages plus dearness allowances, if any, paid during the period of twel emonths immediately preceding the date of retrenchment.

1. Md. Abdul Halim, The Bangladesh Labour Code, 2006,CCB Foundation, Ed.1, .!!

www.bdlawsource.com


15/36

www.bdlawsource.com

% 3/( Re$em 9o8ment o7 retrenched workers

Retrenchment of surplus workers causes undue suffering not only to the retrenched

worker but to all his dependents. "herefore in order to a oid hardship to the workerand his family the pro isions ha e been made in section + of the code that suchworkman should be gi en an opportunity to !oin ser ice whene er an occasion arisesto employ another hand. "his principle was regarded as of general application inindustrial ad!udication on the ground that it was based on considerations of fair playand !ustice. "he section pro ides that after effecting retrenchment, if the employerproposes to take into his employment any person

(1) :e shall gi e opportunity to the retrenched workers who offer themsel esfor re employmentG and

(2) "hese retrenchment workers will ha e preference o er the new applicants."hus section + imposes legal obligation on the employers to gi epreference to retrenched workers when he subseAuently employers anyperson.

% 31( Cond t on o7 re$em 9o8ment 7or retrenchment workers

' retrenched worker may claim preference under section + on the fulfillment of thefollowing conditions

=+> to apply for preference under section + the worker concerned must ha e beenretrenched in last one year time prior to re employment =thus a dismissed or

discharged worker cannot claim preference in employment>

= > "he worker must offer himself for re employment in response to the notice bythe employerG

=0> Workers will ha e priority according to the length of his ser ice under theemployerG

% 3&( # st nct on between 9a8$o77 and retrenchment

(1) In case of lay off there is failure, refusal or inability of the employer togi e employment to a workman for a temporary period while inretrenchment the workman is depri ed of his employment permanently byhis employer.

(2) "he grounds of lay off are 4ay. In lay off the failure refusal or inability togi e employment is on account of one or more of the reasons specified insection =31> such as shortage of coal shortage of power, raw materials,break down of machinery etc. while in retrenchment the termination of

www.bdlawsource.com


16/36

www.bdlawsource.com

ser ice is on the ground of surplus labour only. "hus the ground of retrenchment and lay off are completely different.

(3) "he reasons of lay off are completely different as compared to reasons of retrenchment. "he situation of surplus labour may arise due to economic

dri e, rationalisation in the industry installation of new labour sa ingmachinery etc. But in lay off reasons of non employment are mainly nona ailability of power raw materials, coal or break down of machinery etc.

(4) In lay off labour force is not surplus but in retrenchment labour force issurplus which is to be retrenched.

(5) In lay off employment relationship of employer and employer andemployers is not terminated but suspended while in retrenchmentrelationship is terminated. +

1.Md. Abdul Halim, The Bangladesh Labour Code, 2006,CCB Foundation, Ed.1, .!"

www.bdlawsource.com


17/36

www.bdlawsource.com

Cha ter 2 4

CASE STU#"ES

2.+ 4 Ltd. s. "he chairman second labour

2. 'minul Islam s. (ames %inlay Co.Ltd

2.0 Bangladesh tea estate ltd s. Bangladesh tea estate staff union

2.2 Banks 9 'nother s. Coca Cola S'

2.3 /osthui*en s. "elkom S' Ltd

2.5 #erumal 9 another s. "iger Brands

2.- @ero 'ppliances =#ty> Ltd s. CC4' 9 /thers

2.1 Leppan and Suretrade ++? CC t Ltd Redundancy 9 77' reAuirement

%43!( -?S Ca9te@ o 9 %0ak stan( Ltd3 s3 The cha rmanSecond 9abour court %! 1&( ! #LR )14 !

(udge S.8 'hmed and 'bdul :akim han:eard on 0 rd, 5 th, - th 4arch +65-(udgment date 6 th 4arch +65-

8r. %. .4.' 4uslim .. =#etitioner>

&s.

4.4 Dolam :afi* =Respondandent>

"ssue;Whether to effect retrenchment condition of the section must be fulfilled or not

=act;

In the present, case ser ice of the employees ha e not been terminated in themanner pro ided in section =+ > of the 'ct. "he termination of the ser ice on theground of retrenchment in terms of section + can only take place when all thecondition mentioned there under ha e been complied with and not before.

1. M#$ Calte% oil &'a(istan) Ltd. *s. The +hairman se+ond labour +ourt &1"6!) 1"L- 26

www.bdlawsource.com


18/36

www.bdlawsource.com

In the present case it is ob ious that one of the condition, namely, dispatching thenotice in respect of the retrenchment to the chief inspector was not complied with."he Labour court was, therefore !ustified and acted Auite within its !urisdiction inholding that the termination of the ser ice of the respondents concerned was undersection +6 of the 'ct and not under section + and claimed by the petitioner. "heessential of a termination on the ground of retrenchment as prescribed under section

+ are =a> the worker must be gi en one month notice is writing indicating thereason for retrenchment or he has been paid in lieu of such notice in respect of retrenchment in sent to the chief inspector and=c> the worker has been paid at thetime of retrenchment compensation or gratuity which e er is higher as reAuiredunder clause =c> of the section + .

If notice in the chief inspector has not been ser ed in terms of diction + , theretrenchment of the employee by the employer is not is according with law.

ud:ment;%or the purpose of calculation of the compensation under the section, wages shallmean the erge of the basic wages plus dearness allowance. If any paid to theworker during period the date of retrenchment. %or the reasons stated abo e, wedon$t think that the impugned order passed by the labour court suffers from anyillegality. We accordingly discharge the rule in each one of the two petitioners withoutany order as to costs. (udge 'bdul :akim han also agrees with.

%43)( Am nu9 "s9am s ames = n9a8 Co3Ltd )1#LR %SC( !

=act;4r.'minul Islam was a head Clerk cum 'ccountant under (ames %inally Company Ltdat hulna. :is ser ice was terminated allowing him wages in lieu of 6? days notice."he company preferred to pay his wages for that period in addition to compensation

at the rate of +2 days wages for e ery completed year or part thereof in e)cess of si)months. It was asserted that the termination was for trade union acti ities of theworkers and that it was case of ictimi*ation. "he labour court upheld the contentionof the worker. /n the appeal before the high court no opinion was e)pressed onmerits as the case was remanded to the labour court since the opinion of a memberwas not obtained. /n farther appeal to the 'ppellate di ision, it was held on fact thatthe worker$s ser ice was terminated without any stigma or charge and it was atermination simplicater.

ud:ment;

It has been contended that the ser ice of 'minul Islam ware terminated due to histrade union acti ities and as such it was act of ictimi*ation and the termination

1. Aminul /slam *s ames Finla Co. Ltd 26 L- &$C) irtually amounted to dismissal under the cloak of the tram Qtermination $. But his

contention does not hold good as on e)amination of the impugned order it has beenfound that the termination simpliciter under section +6 and as such he was no longera worker within the meaning of the 'ct.

www.bdlawsource.com


19/36

www.bdlawsource.com

%43 (Ban:9adesh tea estate 9td 6 Ban:9adesh tea estate sta77 un on%! &1().#LR %A#( ! ' !

=acts; /ne 4r. Eurul 'bser Chowdhury was appointed as a clerk by the Bangladesh tea

7state ltd. /n +st

(une +652. :e was subseAuently promoted to grade , gardenerclerk on 0 - 5-. "he employer company terminated his ser ice under section +6 of the employment of labour act +653 by a letter with all termination benefits. "heemployer instead of recei ing his dues raised a labour2 dispute through the unionunder the estate #akistan labour dispute act +653. "he labour court on considerationof e idence held that the termination of ser ice of Eurul 'bser was malafide a codeof ictimi*ation for his trade union acti ities and according made an award directingto be a unit representati e of the union.

/n appeal by the employer company the high court of 7ast #akistan made anelaborate discussion of e idence and dismissed the appeal on the ground that Eurul'bser was ictimi*ed for his trade union acti ities. Because of his participation intrade union acti ities the order of termination was passed by the management indisappro al of such acti ities.

"he employer company obtained lea e from the supreme court of #akistan.

"ssues;1. Whether the Auestion of termination under section +6 should only be decided

under section 3 of the standing orders act +653 and cannot be raised as anindustrial dispute under the labour dispute act or it can be raised as anindustrial dispute.

2. Can the court go behind the order of termination to see if it is reallyictimi*ation or not.

ud:ment;

"he ratio decldendi of the two cited decision reported in 3 8LR =SC> 13 and in +08LR =SC> 1? =#8L +65+ =SC> 2?0> appear to be that the employer has a right toterminate the ser ice of a worker under section +6 of the standing order act withoutdisclosing any cause and that the court should not go behind an order of terminationsimpliclter to find out whether the order was malafide or not.

1. Bangladesh tea estate ltd 3 Bangladesh tea estate sta44 union &1"!6)25 L- &A )1"0

"here is howe er an e)ception to the rule that court not to go behind the order of aser ice of the termination to see if it really was ictimi*ation. "his e)ception iscontained in section +6, itself when read with section 3. it says that if purportedtermination is in reality ictimi*ation of an officer of a registered trade union for histrade union acti ities the court can go behind the order to see the real purpose of termination and grant such relief as it thinks fit. "he two propositions should be readtogether in order to arri e at the true import of section +6 of the standing orders act.

Labour dispute is broad enough to include a dispute of a terminated worker undersection +6 of the standing act +653 if the dispute centres round the ictimi*ation of the worker for his trade union acti ates. It is to be remembering that section 3 of

www.bdlawsource.com


20/36

www.bdlawsource.com

the standing orders act has clearly pro ided that an indi idual worker can claim relief before the labour court under the said act unless the grie ance ha was raised aslabour dispute under labour dispute act =IR/>. "hrough section 3 bars all complaintsagainst the order of termination under section +6 of the said act yet it authori*ed theworker to claim relief if the termination is of an officer of the registered trade unionfor his trade union acti ities or the worker is depri ed of his benefits under section

+6. "he two acts are pair material and the pro ision in section 3 indicates that if thetermination of a worker is for his trade union acti es and if he is an officer of aregistered trade union his code may be raised as an industrial dispute.

www.bdlawsource.com


21/36

www.bdlawsource.com

%434(Banks > Another 6 Coca$Co9a SA !

Case Eo. ( +++2 < ?-'ward 8ate 6 (une ??-(urisdiction Labour Court (ohannesburg(udge ' &an Eiekerk '(

Sub5ect; procedural fairness in Retrenchment.

"ssue;

'n application to interdict the employer from implementing a dismissal based onoperational reAuirements on the grounds of procedural fairness. "here was a delay inthe launch of the proceedings and disagreement on what the appropriate remedies

were. "here was also a material dispute of fact. "he matter was referred to trial forthe hearing of oral e idence.

1. Ban(s Another 3 Co+a7Cola $A

Summar8 o7 7acts;

"he two applicants, both senior e)ecuti es were dismissed due to operationalreAuirements after the process of consultation had broken down. "wo and a half months later they approached the Labour Court for relief in terms of Section +16'=+0> and sought compensation in the e ent that the court found that their dismissalhad been procedurally unfair.

"he allegations of the process being a shamblesJ was denied by the RespondentCompany and the disputes were therefore factual and material to the issue.

"he notice of termination was due to take place on the 0? (une ??- and thereforethe urgency of the matter being heard to interdict the employer from dismissing theapplicants and directing the respondent to commence the consultation process afreshas reAuired by Section +16 of the 'ct.

"he facts as alleged by the applicants on the consultation process used by theRespondent were ery comprehensi e and the basis of the claim was that therespondent failed to engage in any meaningful indi idual consultations about astructure that could sa e their !obs and that the consultation process was nothingless than a shambles, that ague and sub!ecti e selection criteria were applied, thatthe respondent made a decision on restructuring and sought to consult thereafterand that it failed to make a proper se erance proposalJ.

"he respondent alleged that the applicants$ referral was opportunistic and that the

www.bdlawsource.com


22/36

www.bdlawsource.com

applicants are seeking to do no more than secure themsel es reinstatement for thepurposes of negotiating a more generous se erance package.

Summar8 o7 ud:ment;

"hree considerations were apparent.

"he first was a material dispute of fact, the second was the time passed since thebreakdown of consultations and the launching of the application and the third is theacrimonious relationship between the parties, best described as a hostile stand off, inso far as is rele ant to the remedy sought by the applicants.

It was held that no purpose would be ser ed by reAuiring the respondent andapplicants to go back to sAuare one in the process and it was held that Section +16'would not ser e its purpose if the court would grant an interdict against dismissaland issue directions on how the parties should conduct themsel es in a resurrectedconsultation process.

"he court did not make a finding on the papers before court as to whether eitherparty had discharged their obligations in terms of Section +16 and held that theine itability of a future referral to the court on the substanti e fairness of thedismissal, that the procedural and substanti e aspects of the dispute are dealt withsimultaneously in a trial action.

"he order granted by the court was therefore

+. "he application in terms of section +16' =+0> was referred to the trial roll forhearing of oral e idence.

. "he application in terms of section +16' =+0> to be enrolled simultaneously withany action that the applicants may institute in relation to the substanti e fairness of the dismissal. Should the applicants not institute this action then the applicationmade in terms of section +16' =+0> should be enrolled on the trial role.

www.bdlawsource.com


23/36

www.bdlawsource.com

%43/( Oosthu


24/36

www.bdlawsource.com

"he L'C ordered that the appellant be reinstated. It also made specific orders aboutthe need for a fair reasons and procedures to be adopted should the respondentmaintain that it has a surplus because of the reinstatement. Costs were awardedagainst the respondent.

%431( 0eruma9 > another 6 T :er Brands

Case Eo. 8 61- < ?2(udgment 8ate + (une ??-(urisdiction Labour Court, 8urban(udge #illay (

Sub!ect 8ismissals based on /perational ReAuirements Substanti e %airness inRetrenchment

"ssue;

In what circumstances can an employee allege that in the Labour Court that his orher dismissal, as part of a Qmass redundancy$ =necessitating s.+16' procedures>, isprocedurally unfairT

1. 'erumal another 3s. Tiger Brands

Summar8 o7 =acts;

"he applicant challenged the substanti e and procedural fairness of her redundancy."he respondent contended that the pro isions of the LR' prohibited the applicantfrom disputing the procedural fairness in this instance.

In relation to substanti e unfairness, the applicant alleged that the respondent hadapplied its selection criteria in an unfair manner, a contention denied by therespondent.

Summar8 o7 ud:ment;

In respect of procedural fairness, the Court agreed with the respondent. It found thats.+16' =+1> of the LR' operates to bar procedural challenges from being raised in

s.+6+ =3> =b>=ii> disputes =relating to dismissals for operational reAuirements>,because s.+16'=+0> allows for challenges to procedural defects by way of an ordercompelling the employer to conform to fair procedure. In other words, because theapplicant had not brought the procedural flaws to the attention of the employer ias.+16' =+0>, she forfeited the right to challenge the procedural fairness altogether.

In respect of the substanti e fairness, the Court noted that the respondent hadsub!ected the applicant and her colleagues to a competency test and also reAuiredthem to attend a meeting held by an inter iewing panel. "he Court found that in

www.bdlawsource.com


25/36

www.bdlawsource.com

both the test and the inter iew, the respondent had acted in a biased mannertowards the applicant. 'ccordingly, it found that the dismissal was substanti elyunfair. It ordered that the applicant be reinstated, paid compensation of + monthswith a partial costs order against the respondent

%43&( Dero A 9 ances %0t8( Ltd 6 CC-A > Others!

Case Eo. (R 1?3 < ?5(udgment 8ate 1 4arch ??-(urisdiction Labour Court, (ohannesburg(udge Rampai '(

Sub!ect #ractice and #rocedure


26/36

www.bdlawsource.com

their bona fides$. It took the employees 01 days, from date of termination of theircontracts, to raise the dispute in the Court. It also found that the employeespro ided no e)planation and had not applied for condensation.

%inally, the Court assessed the employer$s chances of success as Qe)cellent$. "he

condensation was also set aside.

Costs were awarded against the employees.

%43.( Le an and Suretrade !!' CC t?a Bra Bout ueRetrenchment; breakdown o7 trust re9at onsh

!4$-AF$'. !

Case Eo. E8B 5?? ?-'ward 8ate ?2 %ebruary ??1(urisdiction CC4', 8urbanCommissioner L Williams de Beer

Sub!ect Retrenchments, (urisdiction

"ssue;

"he 7mployer had retrenched an employee with whom the 7mployment relationshiphad irretrie ably broken down. "he Commissioner held that 7mployer was entitled todo this, and that CC4' does not ha e !urisdiction to entertain procedural challengesin disputes concerning retrenchments of single employees.

Summar8 o7 =acts;"he 7mployer was a close corporation in which the 7mployee held a +3Nmembership. /ther members were his mother =+3N>, 'ndre 8ippenaar =2?N>, andLynette and im "hompson =each +3N>.

"he 7mployee had also been the general manager for a period of years. When afellow employee complained about him to the C7/, Ian "hompson =not a member of the CC>, "hompson suspended him.

"he 7mployee then called a meeting with all the members where he pointed out that"hompson was an un rehabilitated insol ent, and as a result, not allowed to act asthe C7/, with the result that "hompson was remo ed from this position.

8ippenaar, the ma!ority shareholder then indicated that he would take o er as C7/and the employee indicated that he was not prepared to backJ 8ippenaar in thisposition.

:e failed to return to work and attempted to negotiate an e)it package ia his

www.bdlawsource.com


27/36

www.bdlawsource.com

attorneys. "his was followed by another letter from his attorneys, indicating that hewould return to work under certain conditions. "he conditions were not accepted bythe new C7/, and indicated that he was not prepared to work with the 7mployee.

1. Le an and $uretrade 110 CC t#a Bra Bouti;ue -etren+hment< brea(do=n o4 trust relationshi1 7MA>705"he 7mployer then in ited the 7mployee to participate in consultation pending adismissal for operational reasons. Eo agreement was reached and the 7mployee wasretrenched.

Summar8 o7 Award;

"he Commissioner held that, with reference to the LC decision in Rand Water Bracks E/ 9 others, she did not ha e !urisdiction to ad!udicate the proceduralfairness of the dismissal. "he LC held in that matter that 's soon as the procedural

fairness of the dismissal is put in issue by a single employee, I am satisfied thatsection +6+=+ > of the LR' must be interpreted as meaning that such cases must stillbe referred to the Labour Court and that the CC4' will not ha e !urisdiction to hearthem.J

She held, howe er, that she was entitled to split the issues and make a finding in thesubstanti e fairness of the dismissal. In this regard she held that the wording

reAuirements based on the economic, technological, structural or similar needs of anemployerJ in section +0 of the LR' was wide enough to include a breach of trust ora breakdown in the relationship.

In this matter, the 7mployee was unable to function in a harmonious worken ironment with the C7/ and a breakdown in the employment relationship resulted."he breakdown was mutual in this case.

"he Commissioner held that there does not need to be a long history of problems fortrust to be damaged, particularly at a senior le el and where parties are co membersof a close corporation. 's a result, the dismissal was held to ha e been substanti elyfair

www.bdlawsource.com


28/36

www.bdlawsource.com

%43 ( D etsman > others 6 Transnet L m ted !

Case Eo. (S 5+2 < ?5(udgment 8ate + (une ??-(urisdiction Labour Court, (ohannesburg(udge 4olahlehi (

Sub!ect Retrenchment Se erance #ay

1.:ietsman others 3 Transnet Limited

"ssue;

"he 7mployees sought a determination on whether the calculation of the se erancepay by the 7mployer should ha e included the dealer bonuses of each of the7mployees as pro ided for in a bonus scheme agreed to by the 7mployer.

"he court held that as long as the 7mployer complied with the statutory minimumpayments, there was no additional entitlement to other payments.

Summar8 o7 =acts;

"he 0 applicant 7mployees were retrenched by the 7mployer. "hey had allparticipated in a bonus scheme in terms of which bonuses were paid to them biannually.

When they were retrenched they were paid a se erance package of weeks$ salaryfor each completed year of ser ice. "he 7mployees claimed that their se erancepackages were calculated incorrectly as the bonuses were e)cluded from theAuantum of remuneration on which the weeks$ se erance pay was calculated.

Summar8 o7 ud:ment;

In e)ercising powers gi en to him in terms of section 03=3>, the 4inister published a

schedule indicating payments to be included in an employeeMs remuneration for thepurposes of calculating pay for se erance pay in terms of section 2+ of the 'ct.

In terms of this notice discretionary payments not related to an employeeMs hours of work or performance do not form part of the remuneration for the purpose of calculating se erance pay. "he court held that where an employer paid more thanwhat section 2+ of the 'ct reAuired, a section 03=3> calculation would not apply. Inthis case, the 7mployees se erance packages e)ceeded what they would ha e

www.bdlawsource.com


29/36

www.bdlawsource.com

recei ed had they been paid the statutory minimum calculated to include thebonuses.

's the 7mployees recei ed more than what was pro ided for in section 2+ of the 'ctand in the absence of an agreement to use the formula pro ided for in section 03,

the court held that the 7mployer had complied with the reAuirement of the 'ct andthat the 7mployees were not entitled to payment of their bonuses.

%43!'( Thek so 6 "B- South A7r ca %0t8( Ltd

GRedundanc8 > EEA re u rementH !

Case Eo. (S2+3


30/36

www.bdlawsource.com

unfair because of direct discrimination =on the grounds of race and gender>. 8uringthe hearing, by lea e of the Court, she amended her claim to plead that theemployer failed to consider the obligations of the 77' when determining parties forretrenchment. "he applicant relied on s.+3 of the 77'.

1. The(iso 3 /BM $outh A4ri+a &'t ) Ltd ?-edundan+ EEA re;uirement@

Summar8 o7 ud:ment;

"he Court dismissed the applicant$s contention that she had not been adeAuatelyconsulted, noting that the applicant, when asked to attend a meeting on the sameday as recei ing her s.+16 letter, had not ob!ected or asked for more time. ' numberof consultation meetings were also held subseAuent to the initial meeting.

/n the issue of the selection criteria, the Court found against the employee, notingthat Qa retrenching employer that has one post to fill is not reAuired to debate themerits of each employee with the others before making the selection$.

"he Court noted that the applicant relied on the 77' to claim that the employer wasobliged to retain the applicant =a black woman> in preference to a white malepro ided she was Qsuitably Aualified$ for the a ailable position.

"he Court was Auick to re!ect this claim, referring to its earlier decision of 8udley yCity of Cape "own in which it was determined that the 77' does Qnot bring about anindi idual right to affirmati e action$. "he applicant had submitted to the Court that8udley was wrongly decided and should not be followed.

"he Court did not agree and it noted, Qthe obligation imposed by the 77' obligesdesignated employers to take measures to retain and de elop people fromdesignated groups does not mean that designated employees should be afforded apreference when it comes to selection in the retrenchment conte)t$.

www.bdlawsource.com


31/36

www.bdlawsource.com

Cha ter$/LABOUR COURT AN# LABOUR A00ELLATE TR"BUNAL

3.+ Basic Idea3. 'pplication of the Labour court3.0 (urisdiction of the labour court3.2 #ower and status of the labour court in trying offences3.3 ' labour court is a ci il court3.5 #ower and functions of the tribunal

%/3!( Bas c "dea

"o promote industrial peace and to establish a harmonious and cordial relationshipbetween labour and capital by means of conciliation mediation and ad!udication. Withthis end in iew different authorities ha e been created under the code to resol e anindustrial dispute. /f these tow bodies are ad!udicatory or !udicial. "hey are thelabour court and the labour appellate tribunal. "he code has streamlined for somenon ad!udicatory as well as ad!udicatory authorities. Eon ad!udicatory authoritiesinclude participation committee conciliator and arbitrator while ad!udicatoryauthorities include labour court and labour appellate tribunal.

%/3)( A 9 cat on o7 the 9abour court !

'n industrial dispute may be referred to the labour court in any of the followingways

(1) If no settlement is arri ed by way of conciliation and the parties agree notrefer the dispute to an arbitrator and the parties ha e recei ed acertificate of failure under section +?=++> the worker may go on strike orthe employer may declare lock out. :owe er the parties raising thedispute may either before or after the commencement of a strike or lockout make an application to the labour court for ad!udication of the matter=section ++>

(2) 'gain if a strike or lock out lasts for mare than 0? days the go ernmentmay prohibits such strike or lock out and in that case the go ernmentmust refer the dispute to the labour court + =section ++,=0,2,3>>

(3) 'gain under section +0 any collecti e bargaining agent or any employeror worker may apply to the labour court for the enforcement of any rightguaranteed or secured to it or him by or under this code or any awardsettlement.

1. Md. Abdul Halim, The Bangladesh Labour Code, 2006,CCB Foundation, Ed.1, .250%/3 ( ur sd ct on o7 the 9abour court

www.bdlawsource.com


32/36

www.bdlawsource.com

;nder section +2=+?> a labour court shall ha e e)clusi e !urisdiction to

(1) 'd!udicate and determine an industrial dispute which has been referred toor brought before it under this codeG

(2) 7nAuire into and ad!udicate any matter relating to the implementation oriolation of a settlement which is referred to it by the go ernment

(3) "ry offences under this code

(4) 7)ercise and perform such other powers and functions as are or may beconferred upon or assigned to it by under this code or any other law.

%/34(0ower and status o7 the 9abour court n tr8 n: o77ences

Section +3 and +5 of the code pro ides the procedure and powers of labour courtwhich is may be of two typesG +

(1) #ower and status in trying offences and

(2) #ower and status in ci il maters

(a) "he labour court shall follow as nearly as possible summary procedure asprescribed under the code of criminal procedure +161 ='ct & of +161>

(b) ' labour court shall for the purpose of trying an offence under the codeha e the same powers as are ested in the court of a magistrate of thefirst class under the code of criminal procedure.

(c) "he labour court shall for the purpose of inflicting punishment ha e thesame powers as are ested in Court of Session under that code.

(d) ' labour court shall while trying an offence hear the case without themembers.

%/3/( Labour court s a c 6 9 court

In the case of #ubali Bank & the Chairman + st labour court 228LR='8>2? the Auestionwas raised whether a labour court is a ci il court or not their. Lordship of

1. Md. Abdul Halim, The Bangladesh Labour Code, 2006,CCB Foundation, Ed.1, .252the appellate di ision upon consideration of rele ant pro ision of the industrialrelations ordinance +656 held that the labour court acts as ci il court for limitedpurpose but not a ci il court at all it is only by a legal fiction or a statutoryhypothesis that it is to be treated as a ci il court.

www.bdlawsource.com


33/36

www.bdlawsource.com

Labour A e99ate tr buna9 Const tut on

(1) "he labour 'ppellate tribunal shall consist + of a chairman or thego ernment deems fit of a chairman and such number of members asdetermined by the go ernment additional !udge of the high court di ision=section +1=+>>

(2) "he chairman of the tribunal shall be from amongst persons who is or hasbeen a !udge or an additional !udge of the Supreme Court or is or hasbeen a district !udge for at least three years.

(3) If the chairman is absent or unable to the tribunal the chairman anyreasons the senior the senior member of the tribunal if any shall dischargethe functions of the chairman.

(4) 'n appeal or any matter before the tribunal may be heard and disposed of by the tribunal sitting as a whole or by any bench thereof.

%/31( 0ower and 7unct on o7 the tr buna9 )

(1) Sub!ect to this code, the tribunal shall follow as nearly as possible suchprocedure as are prescribed under the code of ci il procedure, for hearingof an appeal by and appellate court from original decrees.

If the members of a bench are di ided in their opinion as to the decisionto

be gi en on any point =a>"he same shall be decided according to the opinion of the ma!ority, if any

=b> If the member of the bench is eAually di ided, they shall state the point onwhich they differ and the case shall be referred by them to the chairman forhearing on such point by the chairman himself, if he is not a member of thetribunal, and such point shall be decided according to the opinion of thechairman or member or ma!ority of the members hearing the points, as thecase may be.

1. The Labour Code o4 Bangladesh 2006, se+tion 215&1)2. Md. Abdul Halim, The Bangladesh Labour Code, 2006, CCB Foundation, Ed.1,

.25! = > Where a bench includes the chairman of the tribunal as one of its membersand there is a difference of opinion among. "he members and the members areeAually di ided, the 8ecision of the chairman shall pre ail and the decision of "heBench shall be e)pressed in terms of the opinion of the Chairman. =0> "he !udgment of the tribunal shall be deli ered within a period of not morethen 5? days following the filing of the appeal.

=2> "he tribunal shall ha e authority to punish for contempt of its authority, or

that of any labour court as if it$s were a high court di ision of the Supreme Court.

www.bdlawsource.com


34/36

www.bdlawsource.com

=3> "he tribunal may, on its own motion or on the application of any party,transfer a case from one labour court to another.

=5> "he tribunal shall ha e superintendence and control o er all labour courts.

Cha ter 1CONCLUS"ON

5.+ %indings5. Recommendations5.0 Scope for %urther Study

%13!( = nd n:;

Worker$s retrenchment is a ery essential function of the labour law. It$s a ery effectfor Labours and the 7mployers. Eo worker employed in any shop or commercial orindustrial establishment who has been in continuous ser ice for not less then one yearunder an employees shall not be retrenched by the employer unless

(a) the worker has been gi en one month$s notice in writing, indicating thereason for retrenchment or the worker has been paid in lieu of suchnotice, wages for the period of noticeG

(b) a copy of the notice in respect of the retrenchment is send to the chief inspector or any other officer authori*ed by him G and

(c) the worker has been paid, at the time of retrenchment , compensation

which shall be eAui alent of fourteen days$ wages for e ery completedyear of ser ice or for any part thereof in e)cess of si) month, or gratuity,if any, whiche er is higher

%or the purpose of calculation of compensation under this Section, wages shall meanthe a erage of the basic wages plus dearness allowance, if any, paid to the workerduring the period of twel e month immediately preceding the date of retrenchment.

%13)(Recommendat ons

"he importance of labour law is ery much in Bangladesh perspecti e. It is highlyimportance in Bangladesh perspecti e of labour law. We know that labour is a mostimportant 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 aware about theirright. "hey don$t know properly about labour education. It is a great problem.

%or this reason, they retrenched by the employee as the employers wish. &ery often,

www.bdlawsource.com


35/36

www.bdlawsource.com

they retrenched with out any legal process. "his is in!ustice and in human. "hisshould be protected for the interest of industrialisation in Bangladesh. #roper andstrict pro isions should be included in Labour laws and state laws. "he laboursshould not be depri ed. "heir rights should be protected.Illegal retrenchment by the employer is inhuman and increased the suffering of thelabours. In this respect he following action should be taken

+. "he cause of retrenchment should genuine and proper in the eye of law.

. #roper notice for three months should be gi en to the respecti e labour for his self defence,

0. If not the labour should be paid three months salary and other benefits allowableas per law.

%13 ( Sco e o7 the 7urther stud8

"he discussion of this thesis will be limited within the scope of the origin andhistorical de elopment of Labour law of Bangladesh, the problems of Labour law of Bangladesh, problems of Labour education in Bangladesh and some case studies.

In Bangladesh perspecti e we find that there are se eral problems remain relatedwith Labour disputes, Workers #roblem, "rade ;nion #roblems, 7mploymentsproblems, Working :our Schedule etc. So we think further study may be done on thefollowing issues

+. Labour disputes solution process.

. "rade ;nion #roblems and their functions0. 7mployers and 7mployees relation.

B"BL"O*RA0+F

+. 4d. 'bdul :alim, the Bangladesh Labour Code, 2006, CCB %oundation, =(uly,

??1> 8haka, Bangladesh.

. 4d. 'bdul :alim 9 4asum Saifur Rahman, the Bangladesh Labour Code, 2006, CCB %oundation, 7d. 0 rd , =(une, ??-> 8haka, Bangladesh.

0. Eirmalendu 8har, Labour /ndustrial La=s o4 Bangladesh , Remisi #ublishers, and7d. nd , ='ugust, ??2> 8haka, Bangladesh.

www.bdlawsource.com


36/36

www.bdlawsource.com

2. ===.s(ills ortal.+o.9a net. &*isited on7 2 th ma 200") .3 3 ===. HumanDresour+eDmanamement#+asela= net. &*isited on7 2 th ma 200")

ABBRE "AT"ON

'8 'ppellate 8i ision'8R 'lternati e 8ispute ResolutionBCR Bangladesh Case ReportsBLC Bangladesh Law ChroniclesBL8 Bangladesh Legal 8ecisionsBL" Bangladesh Law "imesB&C Bar ocational CourseC8 Case 8airyC#C "he Code of Ci il #rocedure, +6?1Cr#C "he Code of Criminal #rocedure, +1618LR 8haka law Reports8# 8epartmental #rocedureSC Supreme Court

CASE "N#EI

+. 'minul Islam s. (ames %inlay Co. Ltd 58LR =SC>00.

. Bangladesh "ea 7state Ltd. s. Bangladesh tea estate staff union =+6-5> 18LR='8> +6?.

0. Bangladesh !ute corporation s. nd Labour court, 8haka =+616> 2+ 8LR 53.

2. 4 Ltd. s. "he chairman second labour court =+65-> +68LR 52.

3. #akistan "obacco Company Ltd. s. #akistan "obacco Company 7mployee union,8haka, +0 8LR =sc> 1?.

5. ;.B. 8att Co. s. workmen 'IR +630=SC> 2++
http://www.skillsportal.co.za/http://www.skillsportal.co.za/

Worker’s Retrenchment Under Labour Law

Documents

Transcript of Worker’s Retrenchment Under Labour Law