SLC22-W6/ LABOR LAW
Assalamu Alaikum Wa Rahmatullah, I hope everyone is well, I am also well by the grace of Alhamdulillah. I will now write a few words related to the topic of this contest. As much as I have an idea about the subject, I will try to give the maximum. I hope everyone will like this post and my expression. So let's get started without delay.
PART-1
According to what you saw in class, say if in your country Work, in addition to being a right, is considered a "Duty" and if, consequently, there is any legal sanction for those who do not comply with that duty.
Work in my country is considered a right as well as a "duty" and as a result, whether there are any legal penalties for those who do not perform that duty is presented below:-
According to the context of Bangladesh: |
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- The Constitution of Bangladesh mentions work as a fundamental principle. Article 15 of the Constitution mentions that the state has taken a pledge to respect the rights, dignity and labor of every citizen and to lead a decent life.
However, it is not mandatory that all citizens of the state will work.
However, in some cases, it is compulsory to work dutifully, such as,
- Government jobs.
- Payment of taxes.
Legal Penalties:- |
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In Bangladesh, officers and employees are usually subordinate to the government, if the rights of others are violated if they do not work, then the law is punished. Moreover, the law is not punished.
In some countries of the world, such as South Korea, Israel, etc., some countries are compulsory to receive military training, but there is no such obligation in Bangladesh.
Say what law in your country is responsible for protecting labor rights or labor rights and what your opinion is regarding that law.
The Bangladesh Labor Act 2006 of my country is responsible for the protection of labor rights or labor rights and my opinion about that law is presented below.
Bangladesh Labour Act 2006 This law was originally created to ensure workers' rights, safety and fair working environment, and this law has been amended several times over time.
The main features of the Act:- |
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- The duration of the work has been increased to a maximum of eight hours.
- Minimum wages have been fixed for the workers.
- Provision of antenatal leave and equal wages for women workers.
- Child labor is banned.
- The safety of the workers is ensured.
- If there is an accident in the workplace, then compensation has been determined.
My Opinion:- |
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The Bangladesh Labour Act 2006 is a beacon of hope for workers, it works on workers' rights, fair wages, safety at the workplace, dignity, and this is undoubtedly a very good thing. However, there are some challenges in implementation, such as,
- In some cases, the owner is unwilling to obey the law.
- Many workers are not committed to defending their rights.
- Despite the law, child labor still exists in some parts of the country.
The government will have to take stronger steps to implement this law properly.
PART-2
According to what you saw in class, say which institutions are responsible or competent to enforce labor rights, Tell if you have had an experience in the workplace in which the claim or violation of any labor right or labor law is applicable.
Bangladesh has the Ministry of Labour and Employment responsible for enforcing labour rights, and several agencies are working under this ministry.
Department of Labor: This ministry usually works to resolve conflicts between labor owners.
Department of Factory Establishments:– Works to ensure the safety and health of workers in the workplace.
Labor Court:- Works to settle disputes related to labor.
My work experience:- |
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Since I work in a private organization, I am a teacher. Teachers are not properly evaluated here. Teachers do not get their due respect and dignity. It's not just me who suffers in private institutions, there are thousands of people in our country. Those who do not get proper evaluation of work. A teacher is not evaluated in a private organization in the way that he should be respected and valued in the workplace.
I'm trying my best to protect my rights. I hope one day I can succeed.
PART-3
Practical Case 1.
A company needs two drivers but the company's economic situation has been deteriorating and they need to reduce operating costs, including the payments of their workers.
So they decide to hire two people who are going to work as truck "drivers" but who are established in the contract as "cleaning personnel" in order to justify the low salary they will receive.
Likewise, it is established, agreed and accepted by the workers in the contract that once the employment relationship has ended, they will not receive or claim money for social benefits or settlement. Both the employer and the two workers sign the contracts accepting the conditions described above.
The incident is an example of violation of labor rights and laws. Details about this are discussed below:-
Violation of Labor Rights:- |
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Using the wrong position in the contract: First of all, it is an injustice to appoint clean workers as cleaners and work as drivers. This is unfair and cheating against the workers according to the Bangladesh Labor Act 2006.
And at the same time, it is an even greater injustice not to pay the right salary according to the type of work.Deprivation of social benefits: According to the Bangladesh Labor Law, if the worker works in an organization, then the worker's gratuity, leave account and other benefits are entitled to a worker. And if the worker is deprived of his rights, it is a violation of the law.
Validity of the signed contract: According to the Bangladesh Labor Law, any contract is not valid which violates the labor law.
What should have happened in this case:- |
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The contract should have specified the correct positions, such as hiring workers as drivers, and paying them accordingly.
Minimum wages, holidays and post-work settlement payments should have been paid.
In case of violation of workers' laws, government agencies can intervene in accordance with the constitution. And since this is a violation of workers' rights, it should be resolved through the authorities.
Practical Case 2.
A worker has been working in a company for 15 years but the relationship with the boss has been worsening due to personal issues between them and one day the boss decides to fire him, claiming that it is his company and that he admits whoever he wants there, without more than adding the worker decides to seek advice.
1.- According to what you saw in class and according to the laws of your country, say which institution this worker should go to and what actions he should take to restore his right.
The above incident is an example of unfair dismissal at the workplace, which is an example of violation of workers' rights. According to the Bangladesh Labor Act 2006, certain procedures have to be adopted to dismiss an employee.
Employee Rights and Responsibilities:- |
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Legal basis for dismissal: Firstly, the employer has to adopt some process to dismiss an employee, such as,
- Mentioning certain defects or disabilities of the employee.
- Giving the employee the opportunity to clarify his position.
- Providing prior notice.
And dismissal of an employee without following the above mentioned factors or procedures will be considered unfair dismissal.
In this case, the worker:- |
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1 ) The employee should file a complaint with the Department of Labor.
In this case, a written complaint must be filed with the Department of Labor first. And from the Department of Labor, they will investigate the matter and try to solve it.
If the matter is not resolved through the Department of Labor, the worker can file a case in the Labor Court.
2 ) Collection of necessary documents:-
- Appointment letter.
- Letter of dismissal.
- Payment records.
- Contracts or official documents.
3 ) Seek the help of trade unions.
Workers' Rights:- |
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- If the employee is prosecuted, he or she should be reinstated in the workplace.
- The employee can claim compensation.
- Employees can claim gratuity and provident fund for fifteen years of service. And it's an employee's right.
2.- Say why you consider that that institution or entity is competent to hear about that matter.
I think that that institution or entity is able to hear about the matter is analyzed below:-
(1) Responsibilities of Organisations under Labour Act:- |
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Bangladesh Labour Act 2006 has been formulated to ensure the rights and safety of workers.
Over here
- Any injustice with the workers will be resolved impartially.
- Employers will investigate whether they are complying with labor laws.
- Ensure the benefits and dignity of workers.
2) Wrongful dismissal is a serious offence:- |
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If a worker is unfairly dismissed, it is a violation of labor rights.
- The Department of Labor will investigate the matter.
- If the Department of Labor fails, the Labor Court will investigate.
3) Performance of the organization:- |
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- The Department of Labor tries to settle the case between the worker and the employer.
- The Labor Court gives verdicts impartially.
4) Legal obligations. |
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In this great competition, I think everyone has the best. By participating, their talent and creativity can be revealed. There is no harm in participating, but there is a small gain. So I'm inviting some of my friends here. They are.
Count | My Steemian Friends |
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1 st | @mahadisalim |
2nd | @pandora2010 |
3rd | @muzack1 |
Hi @memamun, the law regarding workers' rights and obligations in Bangladesh is the same as Indonesia, namely that there is a right to get a job and a special "obligation to work" for government employees and pay taxes obediently. but not obligation for every citizen for work. This is stated in the labor regulations in Bangladesh, namely, respecting the rights, dignity and work of every citizen.
Almost all countries! Not all of the articles in the Labor Regulations are implemented/executed well, whether by employers or labor workers, so problems arise such as; wages are not appropriate, they do not carry out their obligations as a laborer properly and even employ underage children.
The three forms of violations you mentioned are the fact that the company is guilty and cannot defend itself in court. due to discrimination against workers. namely, injustice, deprivation of rights and abuse of employment contracts.
Maybe my comments do not represent the entirety of your interesting content. thank you for sharing....
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Thank you sir @muzack1
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