HAMDARD UNIVERSITY BANGLADESH
New town, Sonargoan, Narayanganj.
Assignment
On
Summary
and Make Note (Chapter vi, ix & xiii)
Course Title- Business Law
Submitted By:
Md. Habibul
Islam Hamdu
ID.
Batch: 2nd Semester:
3rd
BBA Program
Submitted to:
A.K.M. Shakil
Mahmud
Lecturer
Department
of Marketing
Submission Date: 30-06-2014
Submission
Letter
Date: 30 June, 2014
A.K.M.
Shakil Mahmud
Lecturer
Department
of Marketing
Subject: The Application of Summary and Make Note (Chapter vi, ix & xiii)
Dear Sir
You give an assignment, the report making on the basis of ‘’Summary
and Make Note’’ (Chapter vi, ix and xiii). We have attempted to present the
subject briefly and concisely as possible. I am confident to this report will
help us a lot to enrich my career in future.
I have tried our best to compile the appropriate information
as comprehensively as possible, if you need any further query, we will be
obliged to assists you.
Sincerely
---------------------------
Md.
Habibul Islam Hamdu
ID. 642131008
Batch: 2nd
Semester:
3rd
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Executive summary
Every law is most important for any establishment life.
In this ACT, employee safety precaution of case of life, Machinery or plant in an
establishment is in such a condition that it is dangerous to human life or
safety, An adult worker employed in an establishment, Where, an adult worker in
an establishment works on a shift which extends beyond midnight, The government
may prescribe registers to be maintained in an establishment for the purpose of
securing compliance with the provisions of this section. any holiday, leave
with wages, leave with or without wages due to sickness or accident, maternity
leave not exceeding sixteen weeks, period of lay-off, a strike which is legal
or a lock-out which is not illegal.
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Table of Content
Serial No.
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Topics name
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Page
No.
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1
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Introduction
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1-10
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2
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Make
note
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11
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3
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Safety
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12
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4
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Working hour and leave
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13
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5
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Conclusion & Reference
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Introduction
179. Requirements for registration: (1) A trade union shall not be
entitled to registration under this chapter unless the constitution thereof
provides for the following matters, namely:
(a) The name and
address of the trade union;
(b) The objects for
which the trade union has been formed;
(c) the manner in which
a worker may become a member of the trade union specifying therein that no
worker shall be enrolled as its member unless he applies in the form set out in
the constitution declaring that he is not a member of any other trade union;
(d) The sources of the
fund of the trade union and statement of the purposes for which such fund shall
be applicable;
(e) the conditions
under which a member shall be entitled to any benefit assured by the constitution
of the trade union and under which any fine or forfeiture may be imposed on
him;
(f) The maintenance of
a list of the member of the trade union and of adequate facilities for the
inspection thereof by the officers and members of the trade union;
(g) The manner in which
the constitution shall be amended, varied or rescinded;
(h) The safe custody of
the funds of trade union, its annual, audit, the manner of audit and adequate
facilities for inspection of the books of account by the officers and members
of trade union;
(i) The manner in which
the trade union may be dissolved;
(j) the manner of
election of officers by the general body of the trade union and the tem, not less
than two years and not exceeding three years, for which an officer may gold
office;
(k) the number of
members of the executive which shall not be less than five and more than thirty-five
as may be prescribed by rules;
(l) the procedure for
expressing want of confidence in any officer of the trade union; and
(m)the meetings of the
executive and of the general body o the trade union, so that the executive
shall meet at least once in every three months and the general body at least once
every year.
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(3) Where any doubt or
dispute arises as to whether any two or more establishments are under the same
employer or whether they are allied to or connected with one another for the
purpose of carrying on the same industry the matter may be referred to the
director of labour for decision.
(4) Any person
aggrieved by a decision of the director of labor under sub-section (3), may, within
thirty days of the decision, prefer an appeal to the labor court; and the
decision of the labor court shall be final.
182. Registration: (1)
The director of Labor, on being satisfied that a trade union has complied with
all the requirements of this chapter, shall register the trade union in a
prescribed register and issue a registration certificate in the prescribed form
within a period of sixty days from the date of receipt o the application for
registration.
(2) If the Director of Labor
finds the application to be deficient in any material respect, he shall communicate
in writing his objection to the trade union within a period of fifteen days
from the receipt of the application and the trade union shall reply thereto
within a period of fifteen days from the receipt of the objection.
(3) When the objection
raised by the director of Labor has been satisfactorily met, the Director of Labor
shall register the trade union as provided in sub-section (1) and if the
objection is not met satisfactorily he shall reject the application.
(4) When the
application has been rejected or the director of Labor has, after settlement of
the objection delayed disposal of the application beyond the period of sixty
days provided in subsection
(1), the trade union
may, within a period of thirty days from the date of such rejection or the date
of expiry of such period, whichever is earlier, appeal to the Labor court.
(5) The Labor court,
after hearing the appeal, for reasons to be stated in its judgment, may pass an
order directing the director of labor to register the trade union and to issue
a certificate of registration within a period of seven days from the date of
order or may dismiss the appeal.
(6) Any party aggrieved
by the judgment passed by the labor court under sub-section (5) may prefer
appeal to the labor appellate tribunal within 30 (thirty) days from the date of
receipt of the order of the labor court.
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(2) A group of
establishment shall, for the purposes of this section, mean all the
establishment, none of which employs more than twenty workers, in a specified
area carrying on the same or similar specified industry.
(3) Notwithstanding
anything contained in sub-section (2), all the establishments, irrespective of the
number of workers employed therein, in a specified area carrying on any of the
following industries shall be deemed to be a group of establishments for that
area, namely:
(a) Private road
transport, including rickshaw;
(b) Private inland
river transport;
(c) Tailoring and
garments manufacturing industry wherein less than 100 workers are employed;
(d) Tea industry;
(e) Jute bailing;
(f) Tannery;
(g) Bide;
(h) Handloom;
(i) Hosiery;
(j) Printing press;
(k) Hotels or motels
where number of guest rooms does not exceed twenty-five;
(l) Restaurant not
forming part of a hotel;
(m) Small-scale metal
industry;
(n) book-binding;
(o) cinema and theatre:
Provided that the government may, if it deems fit so to do in the national interest,
by notification in the official gazette, add any industry to this list of
industries.
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(5) Specified
industries as mentioned in sub-section (2), shall mean such industries which,
the Government, may by notification in the official gazette, specify for the
purpose.
(6) A trade union for a
group of establishments shall be registered, if it has as its members not less than
thirty percent of the total number of works employed in the entire group of
establishments taken together;
(7) Notwithstanding
anything contained in this chapter a person who is not employed or engaged in
an establishment may be entitled to be, or to be elected as, an officer of any
trade union, formed in any group of establishments, if the constitution of such
trade union provides for election of such person: Provided that, the number of
such persons shall not in any case be more than one fourth of the total number
of its of officers.
(8) Subject to this
section other provisions of this chapter shall apply to a trade union formed in
a group of establishments as they apply to a trade union formed in an
individual establishment.
187. President.
etc. not
to be transferred: Neither the president nor the General Secretary.
Organizing
Secretary or Treasure of any trade union shall be transferred from one district
to
another without his
consent.
189. Certificate
of registration : The
Director of Labour, on registering a trade union under section
182, shall issue
a certificate of registration in the prescribed form which shall be conclusive
evidence that the trade
union has been duly registered under this chapter.
190. Cancellation of
registration: (i) Subject to the other provisions of
this section, the registration of a trade union may be cancelled by the
director of Labor if the trade union has-
(a) Applied for
cancellation of registration;
(b) Ceased to exist;
(c) Obtained
registration by fraud or by misrepresentation of facts;
(d) contravened any of
the basic provisions of its constitution;
(e) committed any
unfair labor practice;
(f) A membership which
has fallen short of the number of membership required under this chapter; and
(g) Contravened any of
the provisions of this chapter or the Rules.
(2) Where the director
of Labor is satisfied on enquiry that the registration of a trade union should
be cancelled, he shall submit an application to the Labor court praying for
permission to cancel such registration.
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(3) The Director of
Labor shall cancel the registration of a trade union within thirty days from
the date of receipt of permission from the Labor court.
(4) The registration of
a trade union shall not be cancelled on the ground mentioned in sub-section
(1) (e) if the unfair
labor practice is not committed within three months prior to the date of
submission of the application to the Labor Court.
or whose
registration has been cancelled shall, subject to section 191 (2), function as
a trade union.
(2) No person
shall collect any subscription, other than enrollment fee, any fund of a trade
union
mentioned in
sub-section (1).
193. Restriction
on dual membership : No
worker or employer, shall be entitled to enroll himself,
as, or to continue to
be, a member of more than one trade union at the same time.
202.
Collective bargaining agent: (1) where there is only one trade union in
an establishment, that trade union shall, be deemed to be collective bargaining
agent for such for such establishment.
(2) Where there are
more trade unions than one in an establishment, the Director of Labor shall, upon
an application made in this behalf by any such trade union or by the employer,
hold a secret ballot, within a period of not more than one hundred and twenty days
from the date of receipt of such application, to determine as to which one of
such trade unions shall be the collective bargaining agent for the
establishment.
(3) Upon receipt of an
application under sub-section (2) the director of Labor shall, by notice in
Writing call upon every
trade union in the establishment to which the application relates to indicate, within
such time, not exceeding fifteen days, as may be specified in the notice,
whether it desires to be a contestant in the secret ballot to be held for
determining the collective bargaining agent in relation to the establishment.
(4) If a trade union
fails to indicate, within the time specified in the notice, its desire to be a contestant
in the secret ballot, it shall be presumed that it shall not be a contestant in
such ballot.
(5) If no trade union
indicates, within the time specified in the notice, its desire to be a
contestant in the secret ballot, the trade union which has made the application
shall be declared to be the collective bargaining agent in relation to the
establishment concerned, provided it has as its members not less than one-third
of the total number of workers employed in the establishment.
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(7) on being so
required Director of Labor, every employer shall submit to the Director of
Labor requisite number of additional copies of the list of workers mentioned in
sub-section (6) and shall provide such facilities for verification of the list
submitted by him.
(8) On receipt of the
list of workers from the employer, the director of Labor shall send a copy of the
list to each of the contesting trade unions and shall also affix a coy there of
in a conspicuous part of his office and another copy of the list in a
conspicuous part of the establishment concerned, together with a notice
inviting objections, if any, to be submitted to him within such time as may be specified
by him.
(9) The objections, if
any, received by the director of Labor within the specified time shall be disposed
of by him after necessary enquiry.
(10) The Director of labor
shall make such amendments, alterations or modifications in the list of workers
submitted by the employer as may be required by any decision given by him on
objections under sub-section (9).
(11) After amendments,
alteration of modification, if any, made under sub-section (10), or where no
objections are received by the director of Labor within the specified time the
director of Labor shall prepare a list of worker employed in the establishment
concerned duly certified and send copies thereof to the employer and such of
the contesting trade unions at least seven days prior to the date fixed for
poll.
(12) The list of
workers prepared and certified under sub-section (11), shall be deemed to be
the list of voters, and every worker whose name appears in that list shall be entitled
to vote in the poll to determine the collective bargaining agent.
(13) Every employer
shall provide all such facilities in his establishment as may be required by the
director of labor for the conduct of the poll but shall not interfere with, or
in any way influence the voting.
(14) No person shall
canvas for vote within a radius of forty-five meters of the polling stations.
(15) For the purpose of
holding secret ballot to determine the collective bargaining agent, the
Director of Labor
shall-
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(b) on the date fixed
for the poll to place in the polling station set up for the purpose the
Ballot boxes which
shall be sealed in the presence of the representatives of the contesting
Trade unions as to
receive the ballot papers,
(c) Conduct the poll at
the polling stations at which the representatives of the contesting trade
unions shall have the right to be present;
(d) After the
conclusion of the poll and in the presence of such of the representatives of
the contesting trade unions as may be present, open the ballot boxes and count
the votes; and
(e) After the
conclusion of the count, declare the trade union which has received the highest
number of votes to be the collective bargaining agent; Provided that no trade
union shall be declared to be the collective bargaining agent for an establishment
unless the number of bots received by it is not less than one third of the
total number of workers employed in such establishment.
(16) Where a registered
trade union has been declared under sub-section (14) (e) to be the collective
bargaining agent for an establishment, it shall be such collective bargaining
agent for a period of two years and no application for the determination of the
collective bargaining agent for such establishment shall be entertained within
a period of two years from the date of such declaration : provided that, in the
case of a group of establishments, the trade union declared to be the
collective bargaining agent therefore shall be such collective bargaining agent
for three years.
(17) Notwithstanding
anything contained in sub-section (16), where a registered trade union desires
to be the collective bargaining agent for an establishment after the expiry of
the terms of an existing collective bargaining agent or where an existing
Collective bargaining agent desires to continue as such for the next term, it
may make an application to the director of Labor, not earlier than one hundred
and fifty days and not later than one hundred and twenty days immediately
before the expiry of the term of the existing collective bargaining agent, to
hold a secret ballot to determine the next collective bargaining agent for the
establishment.
(18) Where an
application under sub-section (17) is made, a secret ballot to determine the
next collective bargaining agent shall be held within one hundred and twenty
days from the receipt of such application, but the trade union declared to be
the next collective bargaining agent shall be the collective bargaining agent
from the date of expiry of the term of the existing collective bargaining agent.
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(20) Where no
application is made under sub-section (17), the director of Labor Day, after
the expiry of the term of the existing collective bargaining agent, recognize
such collective bargaining agent or any registered trade union to act as
collective bargaining agent for the establishment unless a registered trade
union is deemed to be a collective bargaining agent for the establishment under
sub-section (1) or until a collective bargaining agent is determined by secret
ballot under the foregoing provisions of this section, as the case may by.
(21) Any dispute
arising out of any matter in relation to an election for determination of
collective bargaining agent shall be referred to the Labour court, and the
decision of the Labour court thereon shall be final.
(22) If in any election
for determination of collective bargaining agent any contesting trade union receives
less than ten percent of the total votes cast, the registration of the trade
union shall stand canceled.
(23) A collective
bargaining agent may, without prejudice to its own position, impaled as a party
to any preceding under this chapter to which it is itself a party any
federation of trade unions of which it is a member.
(24) The collective
bargaining agent in relation to an establishment shall be entitled to-
(a) Undertake
collective bargaining with the employer on matters connected with the employment,
non-employment, non-employment, the term of employment or the conditions of
work;
(b) Represent all or
any of the workers in any proceedings;
(c) Give notice of, and
declare, a strike in accordance with the provisions of this chapter; and
(d) Nominate
representatives of workers on the board of trustees of any welfare institutions
or provident funds, and of the workers participation fund established under
chapter XV,
(e) To conduct cases on
behalf of any individual worker or group of workers.
(25) The provisions of
this section shall mutatis-mutandis apply to the election or determination of collective
bargaining agent in group of establishments under this Act.
205. Participation
committee: (1) the employer in an establishment in
which fifty or more workers are normally employed shall constitute in the
prescribed manner participation
(2) Such committee
shall be formed with representatives of the employer and the workers.
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(4) The representative
of the workers shall be appointed on the basis of nomination given by the trade
unions in the establishment.
(5) Each of the trade
unions, other than the collective bargaining agent, nominating equal number of representatives
and the collective bargaining agent nominating representatives, the number of
which shall be one more than the total number of representatives nominated by
the other trade unions.
(6) In the case of an
establishment where there is no trade union, representatives of the workers on
a participation committee shall be chosen in the prescribed manner from amongst
the workers engaged in the establishment for which the participation committee
is constituted.
(7) Where an
establishment has any unit in which at least fifty workers are normally
employed, a unit participation committee, may, on the recommendation of the
participation committee, be constituted in the manner prescribed by Rules.
(8) Such unit committee
shall consist of the representatives of the employer sand the workers employed
in or under that unit.
(9) The provisions of
this section applicable in case of participation committee shall apply to the
unit participation committee.
206. Function s of
participation committee: (1) the functions of the
participation committee shall be of inculcates and develop sense of belonging
and workers commitment and, in particular-
(a) To Endeavour to
promote mutual trust, understanding and co-operation between the employer and
the workers;
(b) to ensure
application of labor laws;
(c) To foster a sense
of discipline and to improve and maintain safety, occupational health and
working condition;
(d) To encourage
vocational training, workers education and family welfare training;
(e) To adopt measures
for improvement of welfare services for the workers and their
Families;
(f) To fulfill
production target, improve productivity, reduce production cost and wastes and raise
quality of products.
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207. Meetings of
the participation Committee : (1) The participation committee shall
meet at
least once in
every two months to discuss and exchange views and recommend measures for
performance of
the functions under section 202.
(2) The
proceedings of every meeting of the participation committee shall be submitted
to the
Director of Labour and
the conciliator within seven days of the date of the meeting.
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Make Note
In this act Bangladesh labor and
industrial law in chapter 13,The trade union has been formed of name and
address, adequate facilities for
the inspection thereof by the
officers and members of the trade union. The manner in which the trade union
may be dissolved and procedure for expressing want of confidence in any
officer. It has a
minimum membership of thirty
percent of the total number of workers employed in the
establishment in which it is
formed. Trade union has complied
with all the requirements in this
note. A group of establishment shall, for the purposes of this section, mean
all the establishment,
none of which employs more than
twenty workers, in a specified area carrying on the same or
similar specified industry. A
trade union for a group of establishments shall be registered, if it has as its
members not less
than thiry percent of the total
number of workes employed in the entire group of establishments
taken together. Subject to this
section other provisions of this chapter shall apply to a trade union formed in
a
group of establishments as they
apply to a trade union formed in an individual establishment.
The Director of Labour may refuse
to register such alteration or change if it is in contravention
of any of the provision of this
Chapter, or if it is in violation of the constitution of the trade union.
No worker or employer, shall be
entitled to enroll himself,
as, or to continue to be, a
member of more than one trade union at the same time. Deliberately fails to
take measures recommended by the participation committee. Commence, continue,
instigate or incite others to take part in an illegal lockout. The number of
representatives of worker in such committee shall not be less than the number
of
representatives of the employer, Such
unit committee shall consist of the representatives of the employer sand the
workers
employed in or under that unit. The
proceedings of every meeting of the participation committee shall be submitted
to the
Director of Labour and the
conciliator within seven days of the date of the meeting. The employer and the
registered trade union shall take
necessary measures to implement the specific recommendation of
the Participation committee
within the period specified by the committee.
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SAFETY
In this act
Bangladesh labor and industrial law in chapter 6, Any building or part of a
building or any part of the ways, machinery or plant in an establishment is in
such a condition that it is dangerous to human life or safety, it has been
properly repaired or altered. Every establishment shall be provided with at
least one alternative connection stairway with each floor and such means of
escape in case of fire and firefighting apparatus. In every establishment the
doors affording exit from any room shall not be locked, if any person is writing
the room. Every exit door window or other exit affording shall be distinctively
marked in Bangla and in Red letters of adequate size or by some other effective
and clearly understood sing. In every establishment every hoist and lift shall
be uses thoroughly examined by competent person at least once in every period
of six Months, the maximum safe working
load shall be plainly marked on every hoist or lift and no load greater than
such load shall be carried thereon, and Where the cage is supported by rope or
chain there shall be at least two ropes or chains separately connected with its
attachments shall be capable of carrying the whole weight of the cage together
with its maximum load. 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. All floors, ways and stairways shall be clean, wide and clear of all
obstructions.
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WORKING
HOUR AND LEAVE
In this act
Bangladesh labor and industrial law in chapter 9, No adult worker shall
ordinarily be required or allowed to work in an establishment for more than
eight hours and not exceeding ten hours, more than forty-eight hours in any day
and more than forty-eight hours in a week on the average fifty-six hours per
week in any year. But any road transport service, the total hours or overtime
work in any year shall not exceed one hundred and fifty hours. Industrial
establishment, shall be allowed in each week one and half day’s holiday and in
factory and establishment one day in a week, but shall be allowed in each week one
day’s holiday of twenty four consecutive hours. Extra-allowance for overtime interim pay at the rate of twice his
ordinary rate of basic wage and dearness allowance and ad-hoc, and the rates so
fixed shall be deemed to be the ordinary rates of wages of those workers. women
can’t work at 10.00PM and 6.00 AM. Any worker shall be no work tow
establishment, no person shall be employed as Driver unless he has attained the
age of twenty one years and, eighteen years in establishment. Every
establishment which is shop or commercial or industrial establishment shall
remain entirely closed for at least one and a half day in each week, any day
open after the hours of 8.00 O’clock post maritime. Sick leave with full wages
for fourteen days in a calendar year, eleven days of paid festival holiday.
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Conclusion
Contract act is most important part in our business life.
If we continue our business successfully, we should know this act
appropriately. Employee safety and working hours, holiday and leaves discuss.
Reference
1. The Contract Act, 1872; Commercial Law and Industrial
Law, SEN & MITRA, Kolkata.
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