GROUP“D”

DEPARTMENT OF ACCOUNTING & INFORMATION SYSTEMSUNIVERSITY OF DHAKA

GROUP MEMBERSName

ID No.1. Md. Kamal Pasha 16111

2. Aninda Ghosh 16096

3. S.M.N Jamiul Hikma (Sajib) 16103

4. Md. Rafiqul Islam (Hiron) 16094

5. Md. Monirul Islam (Monir) 16109

6. S.M. Rakibul Islam (Sourav) 16100

7. Al-Imranul Alam (Rabbi) 16183

8. Md. Robiul Islam 16121

9. S.M. Moshiur Rahman (Rohan) 16184

10.S.M. Ibne Sad (Anik) 16118

CHAPTER 3EMPLOYMENT OF YOUNG PERSONS

DEFINITION OF CHILD DEFINITION OF YOUNG PERSON PROHIBITION FOR CHILDREN TO WORK IN ANY PROFESSION OR PROHIBITION FOR CHILDREN TO WORK IN ANY PROFESSION OR

ESTABLISHMENTESTABLISHMENT SITUATION OF CHILD LABOUR IN BANGLADESH

Employment Of Young Person Employment Of Young Person Prohibition of Employment of Young person Minimum age of the child labor Pledging of child labor Working hours for young persons Fitness Certificate

CHAPTER 4 MATERNITY WELFARE FACILITIES

∙ PROHIBITION OF EMPLOYMENT OF WOMEN WORKERS

- Section2(f),The Children Act

“Child as a person who has not completed fourteen years of age.” -Section 2(63) ,The Bangladesh labor act,2006

“Child” means a person under the age of sixteen years ,and when used with reference to a child sent to a certified institute or approved home or committed by a Court to the custody of a relative or other fit person means child during the whole period of his detention notwithstanding that he may have attained the age of sixteen years during that period .

DEFINITION OF YOUNG PERSON“ The Bangladesh Labor Act

defines “adolescent” as a person who has completed fourteen years but has not completed eighteen years of age.”

-Section 2(8)

“State or process of growing up from childhood to manhood or womanhood ;generally considered to be in the male sex from 14 to 25 years and in female sex to 12 to 21 .”

-Concise Law Dictionary

PROHIBITION FOR CHILDREN TO WORK IN PROHIBITION FOR CHILDREN TO WORK IN ANY PROFESSION OR ESTABLISHMENTANY PROFESSION OR ESTABLISHMENT

The Bangladesh Labor Act,2006 prohibits labor by children.

Before enactment of this act the children under the age of 14 are barred from working in factories.

The act prohibits children under the age of 14 & 16 can be authorized to work on an “exceptional basis.”

No child shall be required or allowed to work in profession or establishment (section 34(1) of the Bangladesh Labor Act )

No parents or guardian of a child can make contract of employment of a child giving permission to work with anyone (Section2(f),the children act)

Section 44 of the act allows for employment of children in the light work .

SITUATION OF CHILD LABOUR IN BANGLADESH

Because of widespread poverty many children began to work at an early age .According to the government’s National Child Labor survey published in 2003 the government estimated that approximately 3.2 million children between the ages of 5 and 14 years worked.

Working children were found in 200 different types of activities ,such as shrimp farming ,of which 49 were regarded as harmful to children physical and mental well –being. Many children worked in the bidi (hand rolled cigarette) industry ,and the children under 18 sometimes worked in hazardous circumstances in the leather industry or the brick-breaking industry.

There continued to be reports of several thousands forced to worked long hours on fish firms on small islands in Southern Bagerhat district for five moths a year in hazardous conditions .

Under the law every child must attend school through grade 5 or the age of 10 years .However there is no effective mechanism to enforce this provisions.

Employment Of Young Employment Of Young PersonPersonBecause of widespread poverty and the lacuna of

laws many children began to work at a very young age of fourteen from working , although young person between the age of 14 and 18 can be authorized work on an “exceptional basis”

According to section 14(2) of the Act states a young person shall not be required or allowed to work in any factory unless a certificate of fitness from registered surgeon granted to him is in the custody of the owner of the establishment and such young person carries corticated

Nothing in sub-section 34(2) of the Act will apply to a young person who is appointed as an apprentice or under a vocational training in a profession or an establishment .

The Labor act prohibits for employment of young person in certain

cases by the sections 39, 40, and 42 of the Bangladesh labor act.

Section 39 of the act prohibits the employment of young person in

following ground:

1.No young person shall be allowed in any factory to clean any part of machinery while that part in motion.2.No person shall be allowed in any factory to lubricate any part of machinery while that part in motion.3.No person shall be allowed in any factory to adjust any part of machinery while that part in motion.4.No person shall be allowed in any factory to work between moving parts or between fixed and moving parts of any machinery which is in motion of machines which are in motion.

Section 40 of the act states that:

1.No young person shall work at any machine unless1) a) he has been fully instructed as to dangers arising in

connection with the machine and the precautions to be observed

2) b) he has received sufficient training in wok at the machine: or is under adequate supervision by a person who has thorough knowledge and experience of the machine

3) 2.This section shall apply to such machines as may be notified by the government to be of such dangerous character that young person ought not to work at them unless the forgoing requirements complied with as per sub-section (1)3.No young person shall be employed to any dangerous work

the list of which may be published by the government from time to time, by gazette notification.

Section 42 of the act prohibits from employment to work of young person in underground or

under water.

Minimum age of the child labor

Before passing the Bangladesh labor act 2006 there were a number of statutes which stipulate the minimum ages at which children can legally work in certain sectors. These are:

a) Mines ( the Mines Act 1923)---15 years ( With Medical certificates of fitness)b) Shops and other commercial establishments( the shops and Establishments Act 1965)---12 yearsc) Factories( the factories Act 1965) --- 14 years ( With medical certificates of fitness)d) Railways and Ports (The employment of children act 1938)--- 15 years e) Workshops where hazardous work performed( employment of children Act 1938)---12 years f) Tea Gardens ( the Tea plantation Labor Ordinance 1962)---15 years

Pledging of child laborThe Children Act 1933

declares an agreement, written or oral, express or implied, to pledge the labor of children [persons below 15] whereby the parent or guardian of a child, in return for any payment or benefit to be received, undertakes to cause or allow the services of a child to be utilized in any employment to be void.

Pledging of child labor

Bangladesh Labor Act prohibits an agreement to pledge the labor of children [persons below 14].

Section 35 of the act provides that the parents or guardian of a child cannot make a contract of employment of a child giving permission to work with anyone, such parent or guardian shall be punishable with fine unto to one thousand [it was taka fifty under section 4 of the children pledging of labor act] Act, 1933[now stands repealed].

Working hours for young persons:

1. No young person shall be required or allowed to work in any factory or mine for more than five hours in any day and thirty hours in a week

2. No young person shall be allowed or required to work any other establishment for more than 7 hours in a day and 42 hours a week.

3. No young person shall be acquired or required to work in between the hours of 7 pm and 7 am.

4. If any young person works excess hours , his total working hours shall not exceed –

a) 36 hours in a week in case of factory or mine

b) 48 hours a week in case of other establishment

Working hours for young persons:

5. The period of work of all young persons employed in an establishment shall be limited to two shifts which shall not overlap or spread over more than seven and half hours each.

6 .A young person shall be employed in only one of the relays which shall not, except with the previous permission in writing of the inspector, be changed more frequently than once in a period of thirty days.

7. The provisions of this act relating to weekly holidays shall also apply to young workers and the applications of these provisions shall not be suspended in respect of young workers section shall apply also to young workers, no exemptions from the provisions of this section shall be granted in respect of any young worker.

8. No young person shall be required or allowed to work in an establishment on any day on which he has already been working in another establishment.

Fitness Certificate  The Bangladesh Labor Act, 2006 allows for the employment

of young person between the ages of 14 & 18 years provided that each adolescent obtains a certificate of fitness from a certifying surgeon.

Section 37 states that, 1) A registered physician shall, on the application of any

young person or his parent or guardian whether such young person is to fit to work in profession or establishment, or on the application of the employer of an establishment in which any person wishes to work, examine such person and ascertain his fitness for work in such factory.

Provided that such an application shall be accompanied a document stated by of an establishment that such person shall be employed therein if certified to be fit for work in an establishment.

(2) A certificate of fitness granted under this section shall be valid only for the period of twelve month from thereof.

(3) Any fee payable for a certificate under this section shall be paid by the employer and shall not be recoverable from the young person or his parent or guardian.

CHILD WORK AND SCHOOLINGThe role of elementary education in the scheme of checking theevils of child labor can not be over-emphasized.

section 44 of the Bangladesh Labor Act, 2006 allows any child attaining the age of twelve may be employed in light work which is not dangerous to his health and development or which will not prevent him from education.

Section 44,Exception to employment of child labor,

(1) Child attaining the age of twelve may be employed in the light work which is not dangerous to his health & development or which will not prevent him from his education.

Provided that if the child is school going ,his working hours are too determined in such way that his school going is not hampered.

(2) All provisions applicable to young persons shall also be applicable as far as possible to child workers.

PROHIBITION OF EMPLOYMENT OF WOMEN WORKER:

The employment of women in certain cases has been restricted by section 87 of the Bangladesh Labor Act. . Section 45 of the Act 2006 prohibits working any woman to any establishment & employer shall not knowingly employ a woman during the eight weeks immediately following the day of her delivery in any establishment---

 

1. The employer may not employ a woman during the eight weeks immediately following the day of her delivery.

2. Any women may not work during the eight weeks immediately following the day of her delivery.

PROHIBITION OF EMPLOYMENT OF WOMEN WORKER:

The Bangladesh Labor Act also prohibits for employment of woman in certain cases by the sections 39, 40 & 42. Section 39 of the Act prohibits the employment of women in followings:

No women shall be allowed in any factory to clean any part of machinery while that is in motion.

No women shall be allowed in any factory to lubricate any part of machinery while that is in motion.

No women shall be allowed in any factory to adjust any part of machinery while that is in motion.

No women shall be allowed in any factory to work between moving parts which are in motion.

3. The employer may not employ any woman worker for ten weeks of prenatal & antennal period in following grounds:

  a) An employer may not employ woman for

which that she has to work by keeping herself standing for a long time.

b) An employer may not engage a woman for any difficult work.

c) An employer may not employ woman for any work which is harmful to her.

PROHIBITION OF EMPLOYMENT OF WOMEN WORKER: