Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
apprentice,
badli,
casual,
temporary,
probationer, and
permanent.8
three kinds:i.
ii.
iii.
child ,
adolescent,
adult woeker.
Chapter II
AN OVERVIEW OF ALL TYPES OF WORKERS
This chapter elaborately describes about different types of
workers,their rights ,duties appointment and termination.
APPRENTICE WORKER
A worker shall be called an apprentice if he is employed in an
establishment as a learner, and is paid an allowance during the
period of his training.9Apprenticeship is a system of training a
new generation of practitioners of a structured competency based
set of skills. The system of apprenticeship first developed in the
later Middle Ages and came to be supervised by craft guilds and
town governments. A master craftsman was entitled to employ
young people as an inexpensive form of labour in exchange for
providing food, lodging and formal training in the craft. The
modern concept of an internship is similar to an apprenticeship.
Objectives:
9S-4 (2) of the labour act .
3
training
Execution of work for the employer.
Process:
An employment contract for the apprentice therefore exists when
an employer agrees to teach a trade and the apprentice agrees to
serve and learn. The contract should provide details relating to
what training the apprentice will undertake and how this should
be done (e.g. college, day release, attending different sites of the
employer, etc). As with other employees, the apprentices
contract must also contain the basic details of their role, their
working hours, their rate of pay and their holiday entitlement and
other employment benefits.
i.
ii.
Dissection of point 1 :
Provisionally employed means the worker is employed subject to
some conditions. From the above phrase it is clear that the
employer has an intention to employ the worker on permanent
basic if he fulfills the required conditions for the past,
Dissection of point 2:
From point 2 it is clear that the probationer is required to
complete a period of probation to be permanent worker and this
period is the time from entering into the post up to becoming
permanent to that post. 5.4 (8) says about period of probation.
Period of probation:
If we closely read the 5.4(8) we can get two types of worker viz:
(a) Clerk and
(b) other worker
According to this subsection of the period of probation for clerk i.e
whose function is of clerical nature is six months.
The period of probation for other workers is three months.
However, in case of skilled worker the period of probation may be
extended for a further three months if the circumstances be such
that it has not been possible to determine the quality of his work
within the first three month's period of his probation 12.
If any worker is terminated during his probationary period,
whether normal or extended period, is again appointed by the
same employer within a period of three years not as a permanent
worker, be deemed to be probation and his earlier or period of
probation shall be counted to determine his total period of
probation.
12 [Proviso to 5.4(8)
6
Fact:
On 1.12.1985 MR. Samir was initially appointed by a Jute Mill on
Caual or adhoc basic for a period of 3 month to work as a
compulist for a period of 3 month to work as a computist he was
eprforming the job of clerical nature His appointment was
subsequently extended 3 times by letter from his appintment may
13 S4(10) of LABOUR ACT-2006
14 MD. Rupali Bank v. first labour court 46 DLR 143
15 22BLD 2002 (HCD) 143
16 23B;D(HCD) 417
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CHAPTER -III
An overview on Temporary & Permanent workers
Temporary employment includes work under a fixed-term
contract, in contrast to permanent work where the contract which
regulates the employment relationship has no end-date. This
chapter first reviews the conflicting definition of temporary
workers, history of temporary employment, appointment of
temporary
workers,
termination
of
temporary
workers,
advantages of temporary works , disadvantages of temporary
works, role of temporary workers in the economy .
DEFINITION OF TEMPORARY WORKERS
the word means "temprary worker shall be called a temporary
worker if he is employed in an establishment for work which is
essentially of temporary nature, and is likely to be finished within
a limited period17. From the above definition it is quite clear that
the vital question for one`s becoming temporary workers is the
nature of the works where he is employed. The High Court has
held in Managing Director Rupali Bank Ltd. Vs. First Labor Court
and Others18 that the term temporary worker has a connotation
which is different from popular and dictionary meaning of the
term.
PERMANENT WORKERS:
Under section 4(7) of The Bangladesh Labour Act,2006 worker
shall be called a permanent worker if he is employed in an
establishment on a Permanent basis or if he has satisfactory
completed the period of his probation in the establishment.
Under section 4(10) If a permanent worker is employed as a
probationer in a new post, he may at any time during the
probationary period, be reverted to his old permanent post.
Permanent employment is a full-time, salaried position with a
contract to work the minimum amount of 36 hours each week.
The vast majority of workers are on a permanent contract and it's
as much for the protection or the employer as it is for the
employee.
The employer can even terminate the employment of a particular
worker without any notice as mentioned above, if the employer
pays the wages to the terminated worker for aforesaid period of
notice. If the case is for a permanent worker who is terminated by
the
employer
without
notice
entitled
to:
120 days wages (in lieu of notice) plus compensation of 30 days
wages for every completed year of service plus other benefits
payable to him/her (includes un-availed annual leaves, provident
fund etc.)
Employees can terminate on the basis of incapacity, dismissal for
misconduct, retrenchment for redundancy. These are applicable
for employees working for more than a year.
Advantages:
Financial security: There has a certain amount of money paid
to a worker every month which allows the worker to budget
effectively.
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Disadvantages:
Work-life balance. Friends, family and other commitments
may be affected by working long hours for an employer.
Many people become frustrated by a lack of change and the
same commute, the same four walls and the same
colleagues every day can be a grind.
Notice periods tie a worker to an employer for a certain
amount of time even if he want to leave, which can put other
employers off if it's a long time period.
Chapter: IV
Age of Employment
Age of employment means the age limit to enter into any
employment. All are not fit for work. There is some variety among
persons according to their physical capability, mental capability
and above all age capability. The persons who are under-aged
normally cannot work or have no capability to work.
12
18
(16 under strict
conditions)
18
(16 under strict
conditions)
20 A new tool to combat the worst forms of child labour, ILO, 1999
21 ILO Convention No. 138
22 ILO Conventions and Recommendations on child labour. (www.ilo.org)
13
15
14
13-15
12-14
Laws in Bangladesh:
1. Constitutional safeguard:
Article 20 of the Bangladesh Constitution refers to work as a right
and a duty and a matter of honour of every citizen who is capable
of working33. Work as a right and duty as a fundamental
principle of state policy is a guide to interpretation of the laws of
Bangladesh34. So every single law that regulate the labour sector
of the country shall ensure honour and payment according to the
principle from each according to his abilities, to each according
to his work35.
Article 28(4) of the Constitution empowers the State to make
special provisions for the benefit of children. It says nothing in
this article shall prevent the state from making special provisions
for women and children .36. This vital provision of the
constitution is the main weapon of the Govt. for preventing unjust
and child labour.
Disputes as to age:
41 Bangladesh Bureau of Statistics, Report on National Child Labour Survey, 20022003
42 S.2(viii) of Bangladesh labour Act,2006
43 S.34 of Bangladesh labour Act,2006
44 S.34 of Bangladesh Labor Act,2006
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Age of retirement:
The term retirement has been defined by sec 2(i) of Bangladesh
Labour Act, 2006.
According to the labour act, 2006 Retirement Means normal
termination of employment of a worker on attaining certain age
under section 28 of the Act51.
Provided that retirement shall also include voluntary retirement
from service on completion of 25 years of service in any
establishment52.
S.28. Retirement of worker : (1) A worker employed in any
establishment
shall,
notwithstanding
anything
contained
elsewhere in this chapter, retire from employment ipso facto on
the completion of the fifty-seventh year of his age.
(2) For the purpose of counting age of the worker under this
section the date of birth recoded in the service book of the
concerned worker shall be the conclusive proof.
(3) Every retiring worker under the provisions of section 26(4) or
under own service rule of the establishment, shall be paid his
benefits due to him.
(4) Appropriate authority, if thinks proper, may afterwards,
employ the retiring worker under Contract.
Chapter: V
Recommendations
51 S.2(i), Bangladesh Labour Act, 2006.
52 Ibid.
21
53 http://www.unicef.org/bangladesh/children_4863.htm.
22
Conclusion:
Cheap labouers is the backbone of the economy of every thirdworld country. A very scientific classification of them enables the
Govt. easy monitoring through specific laws. Child labour destroys
a countries chance to provide more skilled and ex-part workforce
for future. Only special monitoring service can ensure a better
society & future for workers.
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