Bangladesh National Laws
Factories Act,1965
The following are excerpts from the Factories Act, 1965
1. Conditions of employment
1) In every shop or commercial or industrial establishment, employment of workers and other matters incidental thereto shall be regulated in accordance with the provisions of this Act:
2. Classification of workers and period of probation
1) A worker employed in any shop or commercial or industrial establishment shall be classified into any the following classes according to the nature and condition of work and in the manner provided in this Act:
a) apprentices
b) badlis
c) casual
d) permanent
e) probationer, and
f) temporary.
2) The period of probation for a worker whose function is of clerical nature, shall be six months and for other workers such period shall be three months, including breaks due to leave, illegal lock-out or strike (not being an illegal strike) in the shop or commercial or industrial establishment.
Provided that in the case of a skilled worker, the period of probation may be extended by an additional period of three months if, for any circumstances, it has not been possible to determine the quality of his work within the three-month period of his probation.
3) If any worker, whose service has been terminated during his probationary period, including the extended period of three months in case of a skilled worker as mentioned in sub-section (2), is again appointed by the same employer within a period of three years, he shall, unless appointed on a permanent basis, be deemed to be a probationer and the period or periods of his earlier probation shall be counted for determining his total period of probation.
4) 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.
Section 15. Dust and Fumes
In every factory in which, by reason of the manufacturing process carried on, there is given off any dust or fume or other impurity of such a nature and to such an extent as is likely to be injurious or offensive to the workers employed therein, effective measures shall be taken to prevent its accumulation in any work-room and its inhalation by workers, and if any exhaust appliance is necessary for this purpose, it shall be applied as near as possible to the point of origin of dust, fumes or other impurity, and such point shall be enclosed so far as possible.
Section 17. Overcrowding
No work-room in any factory shall be overcrowded to an extent injurious to the health of the workers employed therein. Without prejudice to the generality of the provision mentioned above, there shall be provided for every worker employed in a work-room at least five hundred cubic feet of space in the case of a factory built after the commencement of this Act; and at least three hundred fifty cubic feet of space in the case of a factory in existence on the date of the commencement of this Act.
Section 20. Latrines and Urinals
In every factory sufficient latrines and urinals of prescribed types shall be provided conveniently situated and accessible to workers at all times while they are in the factory; enclosed latrines and urinals shall be provided separately for male and female workers; such latrines and urinals shall be adequately lighted and ventilated; all such latrines and urinals shall be maintained in a clean and sanitary condition at all times with suitable detergents or disinfectants or with both; and the floor and internal walls of the latrines and urinals and the sanitary blocks shall, up to a height of three feet, be finished to provide a smooth polished impervious surface. The Government may prescribe the number of latrines and urinals to be provided in any factory in proportion to the numbers of male and female workers ordinarily employed therein.
Section 22. Precautions in case of fire
(1) Every factory shall be provided with such means of escape in case of fire as may be prescribed.
(2) If it appears to the Inspector that any factory is not provided with the means of escape prescribed under sub-section (1), he may serve on the manager of the factory an order in writing specifying the measures which, in his opinion, should be adopted before a date specified in the order.
(3) In every factory the doors affording exit from any room shall not be locked or fastened so that they can be easily and immediately opened from inside while any person is within the room, and all such doors, unless they are of the sliding type, shall be constructed to open outwards or, where the door is between two rooms, in the direction of the nearest exit from the building and no such door shall be locked or obstructed while work is being carried on in the room.
(4) In every factory, every window, door, or other exit affording means of escape in case of fire, other than means of exit in ordinary use, shall be distinctively marked in a language understood by the majority of the workers and in red letters of adequate size or by some other effective and clearly understood sign.
(5) In every factory there shall be provided effective and clearly audible means of giving warning in case of fire to every person employed therein.
(6) A free passage way giving access to each means of escape in case of fire shall be maintained for the use of all workers in every room of the factory.
(7) In every factory wherein more than ten workers are ordinarily employed in any place above the ground floor, or explosive or highly inflamable materials are used or stored, effective measures shall be taken to ensure that all the workers are familiar with the means of escape in case of fire and have been adequately trained in the routine to be followed in such case.
(8) The Government may make rules prescribing, in respect of any factory, or class or description of factories, the means of escape to be provided in case of fire and the nature and amount of fire fighting apparatus to be provided and maintained.
34. Floors, stairs and means of access
In every factory:
(a) all floors, stairs, passages, and gangways shall be of sound construction and properly maintained and where it is necessary to ensure safety, steps, stairs, passages, and gangways shall be provided with substantial handrails, and
(b) there shall so far as is reasonably practicable be provided and maintained safe means of access to every place at which any person is at any time required to work.
furnish such drawings, specifications, and other particulars as may be necessary to determine whether such building ways, machinery, or plant can be used with safety, or
(b) to carry out such tests as may be necessary to determine the strength or quality of any specified parts and to inform the Inspector of the results thereof.
44. First-aid appliances
(1) There shall, in every factory or section of a factory, be provided and maintained, so as to be readily accessible during all working hours, first aid boxes or cupboards equipped with the prescribed contents, and the number of such boxes or cupboards shall not be less than one for every one hundred and fifty workers ordinarily employed in the factory.
(2) Nothing except the prescribed contents shall be kept in the boxes and cupboards referred to in sub-section (1) and all such boxes and cupboards shall be kept in the charge of a responsible person who is trained in first aid treatment and who shall always be available during the working hours of the factory.
(3) A notice shall be affixed in every work-room stating the name of person in charge of the first aid box or cupboard provided in respect of that room and such person shall wear a badge so as to facilitate identification.
(4) In every factory wherein five hundred or more workers are employed there shall be provided and maintained an ambulance room or dispensary of the prescribed size containing the prescribed equipment or similar facilities, in the charge of such medical and nursing staff as may be prescribed.
45. Canteens
(1) The Government may make rules requiring that, in any specified factory wherein more than two hundred and fifty workers are ordinarily employed, an adequate canteen shall be provided for the use of the workers.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for:
(a) the date by which such canteen shall be provided;
(b) the standards in respect of construction, accommodation, furniture, and other equipment of the canteen;
(c) the foodstuff to be served therein and the charges which may be made therefore;
(d) the constitution of a managing committee for the canteen and representation of the workers in the management of the canteen referred to in clause (c).
46. Shelters, etc.
(1) In every factory wherein more than one hundred workers are ordinarily employed, adequate and suitable shelters or rest room and a suitable lunch room with provision for drinking water where workers can eat meals brought by them, shall be provided and maintained for the use of the workers:
Provided that any canteen maintained in accordance with the provision of section 45 shall be regarded as part of the requirements of this sub-section.
Provided further that where a lunch room exists no workers shall eat any food in the work-room.
(2) The shelters, rest rooms, or lunch rooms provided under sub-section (1) shall be sufficiently lighted and ventilated and shall be maintained in cool and clean condition.
(3) The Government may:
(a) prescribe the standards in respect of contribution, accommodation, furniture, and other equipment of shelters, rest rooms, and lunch rooms to be provided under this section;
(b) prescribe the type of shelter for persons the nature of whose work require them to be exposed to the sun and the elements during the greater part of their work;
47. Rooms for children
(1) In every factory, wherein more than fifty women workers are ordinarily employed, there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women.
(2) Such rooms shall provide adequate accommodation, be adequately lighted and ventilated be maintained in a clean and sanitary condition, and shall be under the charge of women trained or experienced in the care of children and infants.
(3) The Government may make rules:
(a) prescribing the location and the standards in respect of construction, accommodation, furniture, and other equipment of rooms to be provided under this section;
(b) requiring the provision, in factories to which this section applies, of additional facilities for the care of children belonging to women workers including suitable provision of facilities for washing and changing their clothing;
(c) requiring the provision, in any factory, of free milk or refreshment or both for such children;
(d) requiring that facilities shall be given in any factory for the mothers of such children to feed them at the necessary intervals.
48. Welfare officers
(1) In every factory wherein five hundred or more workers are ordinarily employed, the occupier shall employ in the factory such number of welfare officers as may be prescribed.
(2) The Government may prescribe the duties, qualifications, and conditions of service of officers employed under
sub-section (1).
The Maternity Benefit Act, 1939
(As amended by E. B. Act XIX of 1951 and as modified by Act LIII of 1975)
An Act to regulate the employment of women for certain periods before and after childbirth and to provide for the payment of maternity benefit to them.
Section 3. Employment of or work by women in factories prohibited during certain period.
After this Act comes into force:
(1) no employer shall knowingly employ woman during the (six weeks) immediately following the day of her delivery and;
(2) no woman shall work during the (six weeks) immediately following the day of her delivery.
Section 4. Right to and liability for payment of maternity benefit
(1) Subject to the provisions of this Act, every woman employed shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of her average daily earnings calculated to the nearest quarter of an anna in the manner provided in sub-section (1).
(2) or at the rate of Taka one a day, whichever is greater, for the actual days of her absence, which shall include holidays and non-working days, during the period of (six weeks) immediately preceding and including the day of her delivery and for the (six weeks) immediately following that day.
Provided that a woman shall not be entitled to maternity benefit unless she has been employed by the employer from whom she claims maternity benefit for a period of not less than nine months immediately preceding the day of the delivery.
(2) The average daily earnings referred to in sub-section (1) shall be calculated by dividing the total wages earned by the woman during the three months immediately preceding the date on which she gives notice under sub-section (1) of section 5 by the actual number of days on which she worked during that period.
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