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The Committee notes the adoption of the consolidated Labour Act, 2006, which provides for general working hour limits of eight hours per day (section 100) and 48 hours per week (section 102(1)).
Articles 2, 4, 5, paragraph 1, and 6, paragraph 1(a), of the Convention. Permanent exceptions. The Committee notes that under sections 100 and 102 of the Labour Act, 2006, no adult worker may ordinarily be required or allowed to work in an establishment for more than the eight hours per day and 48 hours per week. The Labour Act further provides that these limits may be exceeded by two hours per day (section 100), within an overall weekly limit of 60 hours or a yearly average of 56 hours (section 102(2)), provided that the worker concerned is remunerated at an overtime rate (section 108). In addition, the Government may, if satisfied that this is necessary in public interest or in the interest of economic development, relax the application of the weekly hour rules in certain industries, or exempt such industries for a maximum period of six months from these provisions. In this connection, the Committee recalls that the Convention allows for permanent exceptions to the standard double limit of eight hours per day and 48 hours per week only in limited and well-circumscribed cases, i.e. variable distribution of working hours within a week (Article 2(b)), averaging of hours of work (Articles 2(c) and 5); continuous processes (Article 4); and preparatory, complementary or essentially intermittent work (Article 6, paragraph 1(a)). The Committee wishes to refer, in this connection, to paragraphs 85–168 of its General Survey of 2005 on hours of work which contain a detailed analysis of the relevant provisions of the Convention. The Committee would appreciate it if the Government would indicate how it is ensured in law and practice that no derogations from the general working hour limits are permitted under the Labour Act on any grounds other than those provided for in the Articles of the Convention indicated above.
Articles 3 and 6, paragraph 1(b). Temporary exceptions. The Committee notes that section 108(1) of the Labour Act provides for an overtime pay to be applied “where a worker works in an establishment on any day or week for more than the hours fixed under this act”, without specifying conditions under which such overtime may be authorized, except for the upper limits of weekly working hours prescribed in section 102(2) of the Labour Act. In this connection, it recalls that the Convention lays down specific conditions to be met before temporary exceptions to the normal working hours may be authorized: urgent work or force majeure (Article 3) or exceptional pressure of work (Article 6(b)). The Committee requests the Government to explain how these provisions of the Convention are given effect.
Article 7. List of exceptions. Please provide a list of all authorized exceptions to normal hours of work as required under this Article of the Convention.
Article 8. Posting of notices. While noting section 111 of the Labour Act, the Committee requests the Government to supply a copy of the form of notice of periods of work and of the register of overtime to which the Government made reference in its report.
Part VI of the report form. The Committee would be grateful if the Government would provide up to date information on the practical application of the Convention, including, for instance, the approximate number of workers covered by the relevant legislation, labour inspection results showing the number and nature of working time-related offences observed and sanctions imposed, copies of collective agreements containing clauses on working time arrangements, any difficulties experienced in the application of the Convention especially in export processing zones (EPZs) or in the textile industry, etc.
The Committee notes with interest the adoption of the Labour Act, 2006 (Act No. XLII of 2006), which repeals the Factories Act, 1965 (Act No. IV of 1965) that previously gave effect to the provisions of the Convention.
Article 2, paragraphs 2 and 3, of the Convention. Weekly rest day. The Committee notes that under section 114(2) of the Labour Act, 2006, the one-and-a-half days on which establishments must remain closed is fixed for each area by the chief inspector who may from time to time reschedule such days for each area in the public interest. The Committee requests the Government to clarify how it is ensured that the weekly rest, wherever possible, is granted simultaneously to the whole of the staff of each undertaking and coincides with the days already established by the traditions or customs, as required by this Article of the Convention. It also asks the Government to specify how the day of weekly rest is fixed for road transport service workers.
Article 4. Total and partial exceptions. The Committee notes that under section 114(5) of the Labour Act, 2006, the normal weekly rest scheme does not apply to (i) docks, wharves or stations and terminal offices of transport services including airports, and (ii) any industry, business or undertaking which supplies power, light or water to the public. It also notes that under section 104 of the Labour Act, where, as a result of the passing of an order or the making of a rule exempting an establishment, or the workers therein, from the provisions of section 103, a worker is deprived of any of the weekly holidays, he/she must be allowed, as soon as circumstances permit, compensatory holidays of equal duration. As the Labour Act does not elaborate on the grounds on which exemption orders and rules may be issued, the Committee requests the Government to specify how it is ensured that all proper humanitarian and economic considerations are taken into account and that consultations are held with responsible associations of employers and workers, as required by this Article of the Convention.
Article 5. Compensatory rest. The Committee notes that persons working on a weekly rest day are granted compensatory rest as soon as circumstances permit. It observes, in this regard, that weekly rest being essential to the worker’s health and well-being, it should be avoided that persons work for long periods without receiving the rest days to which they are entitled. The Committee requests the Government to provide additional explanations in this regard.
The Committee notes the adoption of the Labour Act, 2006 (Act No. XLII of 2006), which repeals the Shops and Establishments Act, 1965 (Act No. VII of 1965), that previously gave effect to the provisions of the Convention. It notes with satisfaction that, contrary to the Shops and Establishments Act, 1965, which applied to businesses of five and more employees, the new Labour Act applies to all shops and commercial establishments irrespective of the number of employees, city corporations or municipal areas – a point on which the Committee had been commenting for a number of years.
Article 2 of the Convention. Scope of application. The Committee notes that the Labour Act, 2006, in its section 1(4)(a)(i), continues to exclude from its scope of application offices of, or under, the Government as well as any shop and commercial establishment owned and directly managed by the Government. It understands that, in accordance with the Negotiable Instruments Act, 1881, the weekly rest periods for civil servants continue to be regulated by means of Government executive orders. The Committee would be grateful if the Government would provide additional clarification in this respect and specify the instruments currently governing the weekly rest entitlement of public employees.
Article 6. Weekly rest day. The Committee notes that under section 103(a) of the Labour Act, 2006, workers employed in shops and commercial enterprises are entitled to one-and-a-half days of weekly holiday which, of course, exceeds the minimum 24-hour requirement set out in this Article of the Convention. However, recalling that section 4(1) of the now repealed Shops and Establishments Act, 1965, provided for one-and-a-half days consecutive holidays in each week, the Committee requests the Government to clarify how it is ensured in law and practice that workers are granted an uninterrupted period of rest of at least 24 hours in the course of each period of seven days. Moreover, noting that the weekly rest day may vary from one area to another and also that it may be changed in the public interest, the Committee requests the Government to explain how it is ensured in practice that weekly rest, wherever possible, is given simultaneously and coincides with the day established as a day of rest by the traditions or customs of the country.
Article 7. Permanent exemptions. The Committee notes that, under section 114(5) of the Labour Act, 2006, the normal one-and-a-half days’ weekly rest period does not apply, among other establishments, to shops dealing with vegetables, meat, fish, dairy products, bread, pastries, sweetmeats and flowers; shops dealing mainly in medicines, surgical appliances, bandages or other medical requisites; shops dealing mainly in tobacco, cigars, cigarettes, liquid refreshments, newspapers or periodicals; barbers’ and hair dressers’ shops; clubs, hotels, restaurants, catering houses, cinemas or theatres. It also notes that the opening or closing hours of these shops and establishments are fixed by order of the Chief Inspector. The Committee requests the Government to provide more detailed information, including copies of any relevant texts, on the special weekly rest schemes applicable to the above businesses and also to indicate whether consultations with representative employers’ and workers’ organizations have been held in this regard, as required by this Article of the Convention.
The Committee further notes that under section 104 of the Labour Act, persons working on a weekly rest day are to be given compensatory rest of an equal duration “as soon as circumstances permit”. Formulated in such general terms, the legislation seems to offer little guarantee that workers will not need to wait excessively long before they can take their compensatory rest. The Government’s attention is drawn to Paragraph 3 of the Weekly Rest (Commerce and Offices) Recommendation (No. 103), which indicates that persons to whom special weekly rest schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled. The Committee requests the Government to provide additional explanations in this regard.
Article 8. Temporary exemptions. The Committee notes that the Labour Act, 2006, in section 104, refers to exemption orders and rules but does not specify the grounds on which temporary exemptions to the normal weekly rest scheme may be granted. Recalling that the Convention allows for temporary exemptions only on limited and well-defined grounds, namely: (i) accident, force majeure or urgent work; (ii) abnormal pressure of work due to special circumstances; and (iii) in order to prevent loss of perishable goods, the Committee requests the Government to explain how it is ensured in law and practice that temporary exemptions from the normal weekly rest scheme are authorized only on those grounds.
Article 9. Reduction of income. The Committee notes that the new Labour Act, 2006, does not contain any provision prohibiting deductions from wages on account of weekly rest, except for those employed in road transport services. Recalling that section 4(2) of the now repealed Shops and Establishments Act, 1965, expressly prohibited deductions on account of weekly holidays to be made from workers’ wages, the Committee requests the Government to specify how this Article of the Convention is given effect in law and practice.
Part V of the report form. The Committee would appreciate receiving up to date information on the practical application of the Convention, including, for instance, statistics on the approximate number of workers covered by the relevant legislation, labour inspection results showing the number of contraventions observed concerning weekly rest and sanctions imposed, copies of collective agreements containing provisions on weekly rest, etc.
Please see comments under the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).
Article 2 of the Convention. According to this Article, the weekly rest provisions apply to establishments irrespective of the size of the workforce. The Shops and Establishments Act of 1965, however, which is the main legislation to give effect to the Convention, only applies automatically to the establishments in which five or more workers are employed (section 1(4)). Otherwise, the Act shall apply if the establishments are notified in the Official Gazette (section 1(5)).
The Committee understands from previous reports that the Government has extended, by notification under section 1(5) of the Shops and Establishment Act of 1965, the application of the Act to all shops and establishments in four city corporations and 52 municipal areas.
The Government’s report indicates that there are still areas without notifications where the Act only applies to shops and establishments with more than five employees. In the absence of exhaustive information, the Committee requests the Government to indicate how effect is given to the Convention in respect of establishments where fewer than five workers are employed. The Committee furthermore asks the Government to provide it with a list of areas where the Act only applies to shops and establishments of more than five employees.
Article 6, paragraph 3. In response to its direct request, the Committee notes receipt of two notifications in Bengali by the Chief Inspector under section 5(2) of the Shops and Establishment Act of 1965, regulating the weekly rest days of shops and establishments. The Committee understands that the weekly rest days in Bangladesh might differ according to the district, municipality or area. It would appreciate receiving further information on the criteria used by the Chief Inspector in determining the weekly rest days and on any problems encountered. The Committee would be grateful if the Government could provide it in its next report with copies in English, if they exist.
The Committee notes that the information provided in the Government’s last report still does not contain a reply to its previous comments with regard to Article 2 of the Convention. It hopes that the next report will include full information on the matters raised in this respect in its previous direct request, which read as follows:
Article 2 of the Convention. With reference to its previous comments, the Committee notes the Government’s indication in its report that the weekly rest provisions of the 1965 Shops and Establishments Act apply to establishments, irrespective of the number of workers, by government notifications made under section 5(2) of the Act. The Committee would be grateful if the Government would provide texts of the notifications applying the weekly rest provisions of the 1965 Act to establishments employing fewer than five workers. It also requests the Government to indicate the areas in which the 1965 Act does not yet apply to establishments employing less than five workers.
Article 2 of the Convention. With reference to its previous comments, the Committee notes the Government's indication in its report that the weekly rest provisions of the 1965 Shops and Establishments Act apply to establishments, irrespective of the number of workers, by government notifications made under section 5(2) of the Act. The Committee would be grateful if the Government would provide texts of the notifications applying the weekly rest provisions of the 1965 Act to establishments employing fewer than five workers. It also requests the Government to indicate the areas in which the 1965 Act does not yet apply to establishments employing less than five workers.
Article 8. The Committee notes from the Government's report that the provision of the 1965 Act permitting exemptions of weekly rest applies to some seasonal factories such as sugar mills and rice mills, on the condition that weekly rest is granted at the end of the season. It requests the Government to indicate the measures taken to ensure that when such exemptions to the weekly rest are made, all persons concerned are granted compensatory rest of a total duration at least equivalent to the period provided for under Article 6 of the Convention.
The Committee notes the comments of the Bangladesh Employers' Association.
Article 2 of the Convention. In its previous comment, the Committee noted that it appeared that, under section 1(4) of the 1965 Shops and Establishments Act, only establishments in which five or more workers are employed were covered by the notifications made under section 5(2) of the Act concerning weekly rest.
The Bangladesh Employers' Association points out that in view of section 1(4) of the Act, although there appears to be no coverage of the establishments in which fewer than five workers are employed, most of the shops and establishments are self-managed and the employer-worker relationship is almost absent in such establishments; therefore, this limitation of coverage does not pose any problem of concern with regard to the coverage of the Convention.
The Committee would point out that the definitions of "establishment" (section 2(h)) and "worker" (section 2(p)) in the 1965 Act appear to be rather broad. Furthermore, the Convention covers "all persons" employed in certain establishments, irrespective of the size of the establishment, and the possible exclusion under Article 5(a) relates only to establishments in which only members of the employer's family not considered wage-earners are employed. The Committee accordingly requests that the Government indicate how effect is given to the Convention in respect of establishments where fewer than five workers are employed.
Article 8. Please include in future reports information on any exemptions or suspensions of weekly rest provisions made under section 3(1) of the 1965 Act.
Article 2 of the Convention. Further to its previous comments, the Committee takes note of the notifications made under section 5(2) of the 1965 Shops and Establishments Act, copies of which the Government has provided. Whilst the Committee recalls the Government's earlier indication that these notifications are made irrespective of the number of workers employed in those enterprises, it notes that they do not refer to section 1(5) of the Act: it therefore appears that, as provided in section 1(4), they only apply to establishments in which five or more workers are employed. The Committee would be grateful if the Government would indicate how it is ensured that effect is given to the Convention in respect of establishments where fewer than five workers are employed.
Information provided by the Bangladesh Employers' Association has been noted.
With reference to its previous comments the Committee notes with interest, from the Government's report, that the provision of the Shops and Establishments Act, 1965, ensuring weekly rest has been extended to 48 municipal areas of the country and applied to all shops and establishments irrespective of the number of workers employed therein. It requests the Government to supply with its next report copies of all relevant notifications.