In Bangladesh, the work of an employment lawyer is undoubtedly a sector of practice which is a concern in the light of the humongous growing labour market. Employment law has significant stature while managing the employees/labours within the territory.  The Bangladesh Labour Act 2006 as amended in 2013 were enacted by the Parliament and the Bangladesh Labour Rules 2015 was formed by the Government, to meet the needs of the employees/labours. It intends to uphold their rights and keeping the employees in check so that they cannot illude the employees/labours in any way.

Employment Lawyer | Third Party Conceptions | Al Amin Rahman & Associates

As per the labour laws of Bangladesh an employment lawyer must look into every branch of the employment & labour provisions in Bangladesh. A worker predominantly means, any person including an apprentice employed in any establishment or industry, either directly or through a contractor, to do any technical, manual, unskilled, skilled, 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. Mostly, employers have this misconception that if they hired an employee/

A worker predominantly means, any person including an apprentice employed in any establishment or industry, either directly or through a contractor, to do any technical, manual, unskilled, skilled, 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. Mostly, employers have this misconception that if they hired an employee/

A worker predominantly means, any person including an apprentice employed in any establishment or industry, either directly or through a contractor, to do any technical, manual, unskilled, skilled, 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. Mostly, employers have this misconception that if they hired an employee/labour, through a third party/agency, the employer is not at all responsible for the existence of the employee/labour, in his establishment.  However, the labour laws of Bangladesh disappoint the employers in this sector. There are provisions in the labour laws of Bangladesh, where the employer is responsible for certain maintenance in his establishment, violation of which shall have implications and not only shall this, if you consider the social aspect; to the people applying for a job in the establishment shall bare a negative impression about the establishment. The establishment shall fail to attract skilled and efficient employees in the long run.  In accordance of the labour laws, every establishment shall maintain its health, hygiene condition and safety as per the decree of the laws of Bangladesh.

The establishment also is bound to maintain a Service Rule book (irrespective of whether the employees are hired through a third party or not), approved by the Inspector of Department of Inspection for Factories and Establishment. A lot of establishments, at recent times, are being penalized for not having a Service Rulebook; therefore, it is prudent that the establishment gets its Service Rule Book approved by the Inspector, for avoiding penalties of the Government Authority.

The Service Rule Book, for the most part contains publication of: Leave Policy; number of hours the employer is required to work in an establishment; benefits which a female employee receives from the employer, during her maternity leave; safety and hygiene of employees and other associated provisions of the laws.

Workplace Injury of Employee | An Over Growing Concern

As per the laws of Bangladesh if in any establishment, any person faces any accident which ultimately resulted in his death, the accident shall be termed as fatal or serious, as the case may be, and the authority of such establishment shall instantaneously serve a notice, through telephone, fax, e-mail or special messenger, to the Inspector General; concerned Deputy Commissioner of the region; concerned Inspector of the region; nearest fire service station;  nearest hospital or health centre; and  in case of death or fatal accident, the Officer-in-Charge of Industrial Police of the concerned area .

Furtherance, it is to be noted that the notice sent by telephone, fax, e-mail should be supported in the prescribed written format, within 2 (two) days and in case of necessity, the notice shall be sent by the special messenger according to a prescribed form. Within 2 (two) months from the date of such incident or after joining of the employee, the owner of the establishment or any officer authorized thereby shall send a final report and where applicable with description of the latest condition of such accident in a prescribed form to the Deputy Inspector General of the district concerned.

The place of the occurrence of the incident shall have to be preserved in the same condition until the inspector, after being informed, visits the place or till at least 03 (three) days after such incident. The Inspector General shall collect information from the site of occurrence for investigation and inform the employer regarding the steps to be taken.

The management authority shall have to record the incident that took place in its establishment, and also record specifically in the register, the measures the employer has taken. Such report shall have to be submitted to the Inspector within 10 (ten) workdays after completion of six months.

As per the law where any employer in the course of his trade or business or for the purpose of it contracts with any other person, that is the contracting agency, for the execution of the whole or any part of any work which is ordinarily the part of his trade or business, the said employer shall be liable to pay to any employee employed by the contractor for the execution of the work any compensation which he would have been liable to pay if the employee had been directly employed by him and where compensation is claimed from the employer the wages received from the contractor shall be taken into consideration for fixing the compensation. Further note that all compensation that is to be paid shall be paid by the principal or original employer (i.e. the main contractor). In a prominent judgment of the High Court Division of the Supreme Court of Bangladesh the Court presided that “even the principal is liable for compensation in respect of accidental death of workman in the course of his employment”. The Court further proceeded by mentioning that the principal i.e. original employer is made liable even in respect of the employee engaged under the contractor, if the work entrusted with the contractor is connected with the trade and business of the principal employer.

In circumstances where the principal or original employer (i.e. the main contractor) is of the opinion that the occurrence of death or injury of the concerned employee has been specially and in fact occurred as a result of violation of any rules of conduct on behalf of the contractor, he may, after depositing the full amount of compensation in the Labour Court (in the case of the death of the employee) or after payment of the prescribed amount of money to the employee concerned (in the case of the injury of the employee), apply to the Chief Inspector to determine the share of the said amount which should be paid by the contractor to determine the share of the said amount which should be paid by the contractor to the original employer or principal, and the Chief Inspector shall, within 45 (forty five) days of receipt of the application, dispose of it according to rules.

To conclude with it can be said that, by whatever means, the employer desires to delude the employee that they have no responsibility towards them, since they are appointed by a Contracting Agency, such claim of the employer is unsustainable and fallacious, and a desperate attempt to bifurcate the law.