CHAPTER 4

Working Conditions and

wages
 Contents: working conditions
• 111. Notice of periods of work
• 100. Daily hours for adults and preparation
• 101. Interval for rest or meal thereof
• 102. Weekly hours • 112. Special age limit for road
• 103. Weekly holiday transport service worker
• 104. Compensatory weekly • 113. Hours of work to
holiday correspond with notice and
• 105. Spread over register
• 106. Night shift • 114. Closure of shops etc.
• 107. Restriction on cumulative • 115. Casual leave
hours of work on a vehicle • 116. Sick leave
• 108. Extra –allowance for work • 117. Annual leave with wages
overtime • 118. Festival holiday
• 109. Limitation of hours of work • 119. Calculation of wages and
for women payment during leave or holiday
• 110. Restriction on double period.
employment
 Contents: wages
• 131. Payment of undisguised wages
• 120. Special definition of wages in cases of death of workers
• 121. Responsibility for payment of • 132. Claims arising out of
wages deductions from wages or delay in
• 122. Fixation of wage-periods payment of wages
• 123. Time of payment of wages • 133. Court fees in proceeding under
• 124. Wages to be paid in current section 132
coin or currency notes • 134. Single application in respect of
• 125. Deduction which may be a clad of workers whose wages have
made from wages not been paid or
• 126. Deductions for absence from • wages deducted
duty • 135. Appeal
• 127. Deductions for damage or loss • 136. Conditional attachment of
• 128. Deductions for services property of employer or other
rendered person responsible for payment of
• 129. Deductions for recovery of • wages
loans or advances • 137. Power to recover from
• 130. Other deductions from wages employer in certain cases
 100. Daily hours :
• No adult worker shall ordinarily allowed to
work for more than eight hours in any day:

• Provided that, subject to the provisions of

section 108, any such worker may work in an
establishment not exceeding ten hours in any
day
 101. Interval for rest or meal :
• Any worker in any establishment shall not be
liable to work either-
• (a) for more than six hours in any day unless he
has been allowed an interval of at least one hour
during that day for rest or meal;
• (b) for more than five hours in any one day unless
he has been allowed an interval of at least half an
hour during that day for rest or meal; or
• (c) for more than eight hours unless he has had
an interval under clause (a) or two such intervals
under clause (b) during that day for rest or meal.
 102. Weekly hours :
• (1) No adult worker shall ordinarily be required or allowed to work in an
establishment for more than forty-eight hours in any week.

• (2) Subject to the provisions of section 108, an adult worker may work for
more than forty-eight hours in a week:

• Provided that the total hours of work of an adult worker shall not exceed
sixty hours in any week and on the average fifty-six hours per week in any
year:

• Provided further that in the case of a worker employed in an

establishment which is a road transport service, the total hours or
overtime work in any year shall not exceed one hundred and fifty hours.

• Provided further that the government, if satisfied that in public interest or

in the interest of economic development such exemption or relaxation is
necessary, in certain industries, by order in writing under specific terms
and conditions, may relax the provision of this section or exempt, for a
maximum period of six months, from the provision of this section at a
time.
 103. Weekly holiday:
• (a) shop or commercial establishment, or
industrial establishment:
– each week one and half days
• in factory and establishment
– one day in a week;
• (b) road transport service,
– each week one day’s (24 consecutive hours;) and
– no deduction on account of such holidays shall be
made from the wages of any such worker.
 104. Compensatory weekly holiday:
• If a worker is deprived of any of the weekly
holidays
– he shall be allowed, as soon as circumstances
permit, compensatory holidays, of equal number
to the holidays so deprived of.
 105. Spread over :
• The periods of work inclusive of interval for
rest or meal under shall not spread over more
than eleven hours, and

• such conditions as be may imposed by the

Government, either generally or in the case of
any particular establishment.
 106. Night shift:
• If works on a shift which extends beyond
midnight:

• (a) a holiday for a whole day (24 consecutive

hours) beginning from the end of his shift; and

• (b) the following day for him shall be deemed

to be the period of twenty-four consecutive
hours beginning from the end of this shift and
the hours he has worked after midnight shall
be counted towards the previous day.
 107. Restriction on cumulative hours of work
on a vehicle :
• No worker shall be allowed to work
– two or more vehicles in excess of the period
during which he may be lawfully employed under
this Act.
 108. Extra-allowance for overtime :
• (1) in respect of overtime
– allowance at the rate of twice his ordinary rate of basic
wage and
– dearness allowance and ad-hoc or interim pay, if any.

• (2) in case of piece rate worker

– fix time rates as nearly equivalent to the average rates of
earnings of those workers,
– Fixed rate shall be deemed to be the ordinary rates of
wages of those workers.

• (3) The government may prescribe registers to be

maintained in an establishment for the purpose of
securing compliance with the provisions of this section.
 109. Limitation of hours of work for women :

• No women without consent,

– be allowed to work in an establishment between
the hours of 10.00PM and 6.00 AM
 110. Restriction on double employment :

• No adult worker allowed to be employed for

more than one establishment on any day,
except permission from the chief Inspector.
 112. Special age limit for Road transport
Service worker :
• (1) not be able to work as driver, unless he
has attained 21 years.

• (2) No person shall be employed in any other

post unless attained the age of 18 years.
 114. Closure of shops, etc. :
• (1) Every shop / commercial / industrial establishment shall remain
entirely closed for at least 1.5 day in each week.

• (2) The 1.5 day shall be fixed for

– each area by the chief Inspector.
– chief Inspector may, from time to time, refix such day for each area in
the public interest.

• (3) No shop shall remain open after the hours of 8.00 O’clock

• If any customer waiting in the shop to be served at such hour, may

be served with in 30 minutes immediately following such hour:

• (4) The Government on special circumstances, alter the closing

hours of shops in any area in any season on such conditions as may
be imposed.
 114. Closure of shops, etc. :
• (5) The provisions of this section shall not apply to-
a) docks, or stations and terminal offices or transport services including airports;
b) shops dealing in vegetable, meat, fish, dairy products, bread, pasties, sweetmeats and
flowers;
c) shops dealing in medicines, surgical appliances, bandages or other medical requisites;
d) shops dealing in articles required for funerals, burials or cremation;
e) shops dealing in tobacco, cigars, cigarettes, biris, pan, liquid refreshments, newspapers or
periodicals sold retail for consumption in the premises, ice;
f) petrol pumps and automobile service stations not being repair workshops;
g) barbars’ and hair dressers’ shops;
h) public conservancy or sanitation,
i) any industry, business or undertaking which supplies power, light or water to the public;
j) clubs, hotels, restaurants, catering houses cinemas or theatres:

• Where several trades / business are in the same establishment and, the majority
of them are eligible for exemption, the exemption will apply to the entire shop /
commercial establishment

• the Chief Inspector can fix the opening or closing hours for the establishments
 115. Casual leave :
• Every worker shall be entitled to casual leave
– the full wages for 10 days in a calendar year, and
– such leave shall not be accumulated and carried
forward to the succeeding year:
– noting in this section shall apply to a worker
employed in a tea plantation.
 116. Sick leave :
• (1) worker (except newspaper worker) shall be entitled to
sick leave with full wages for 14 days in a calendar year.

• (2) newspaper worker enjoy sick leave with half wages for
not less than one eighteenth(1/18) of the period of
services.

• (3) a registered medical practitioner appointed by the

employer certifies that the worker is ill and requires sick
leave.

• (4) Such leave shall not be accumulated and carried

forward to the succeeding year.
 117. Annual leave with wages :
• (1) adult worker, who has completed one year of
continuous service in an establishment, allowed annual
leave as follows-
a) shop/commercial/industrial establishment/factory/road
transport service: one day for every eighteen days of work;
b) tea plantation: one day for every twenty two days of work;
c) newspaper worker: one day for every eleven days of work.

• (2) worker (not adult), who has completed one year of

continuous service, calculated as follows-
a) factory: one day for every fifteen days of work;
b) tea plantation: One day for every eighteen days of work;
c) shop/commercial/industrial establishment: one day for every
fourteen days of work.
 117. Annual leave with wages :
• (3) Alternative leave allowed if any other holiday
occur during such period.

• (4) If a worker does not enjoy leave shall be

added to the succeeding period of twelve
months.

• (5) an adult worker shall cease to earn any leave

when the earned leave due to him amounts to-
– (a) Factory/road transport service, forty days;
– (b) tea plantation/shop/commercial/industrial
establishment, sixty days;
 117. Annual leave with wages :
• (6) an adolescent worker shall cease to earn any leave, when the earned
leave
– (a) factory or tea plantation, sixty days;
– (b) tea plantation/shop/commercial/industrial establishment, eighty days;

• (7) Any leave applied for by a worker but refused by the employer for any
reason, shall be added to the credit of such worker beyond the aforesaid
limit mentioned in sub-section (5) and (6).

• (8) continuous service calculated including-

– (a) any holiday;
– (b) any leave with wages;
– (c) any leave with or without wages due to sickness or accident;
– (d) any maternity leave not exceeding sixteen weeks;
– (e) any period of lay-off;
– (f) a strike which is legal or a lock-out which is not illegal.
 118. Festival holidays :
• (1) in a calendar year eleven days of paid festival
holiday.

• (2) The days and dates shall be fixed by the

employer.

• (3) if A worker required to work on any festival

holiday,
– Two day’s additional compensatory holidays with full
pay and a substitute holiday shall be provided for him.
 119. Calculation of wages and payment during
leave or holiday period :
• (1) For the leave or holidays allowed to a worker shall be paid at
– the rate equal to the daily average of his full time wages including
dearness allowances, and ad-hoc or interim pay, if any,
– for the days on which he worked during the month immediately
preceding this leave
– but excluding any overtime allowance and bonus:

• if a worker entitled to cash equivalent of any advantage accruing

from the supply of food grains, it shall be included in his wages.

• (2) A worker who has been allowed

– annual leave for a period of not less than four days in the case of an
adult and
– five days in the case of an adolescent.
 Wage 2(xlv)
• ‘wages’ means all remuneration, expressed in terms of
money or capable of being so expressed, which would, if
the terms of employment, expressed or implied, were
fulfilled, be payable to a worker in respect of his
employment or of work done in such employment, and
includes any other additional remuneration of the nature
aforesaid which would be so payable, but does not include-
a) the value of any house accommodation, supply of light, water
medical attendance or other amenity or of any service
excluded by general or special order of the government,
b) any contribution paid by the employer to any pension fund
provident fund,
c) any traveling allowance on the value of any traveling
concession,
d) any sum paid to the worker to defray special expenses
entitled on him by the nature of his employment;
 120. Special definition of ‘wages’:
• In this Chapter, unless there is anything repugnant in
the subject or context, ‘wages, means wages as defined
in section 2 (XLV), and includes-
– (a) any bonus or other additional remuneration payable
under the terms of employment;
– (b) any remuneration payable in respect of overtime work,
holiday or leave;
– (c) any remuneration payable under any award or
settlement between the parties or under order of any
Court;
– (d) any sum payable under this Act or any agreement by
reason of termination of employment whether by way of
retrenchment, discharge, removal, resignation, retirement,
dismissal or otherwise; and
– (e) any sum payable due to lay-off or suspension.
 121. Responsibility for payment of wages :
• Employer: shall be responsible for the payment to
workers employed by him of all wages

• CEO/Supervisor: except in the case of a worker

employed by a contractor, the CEO/manager to
the employer for the supervision the
establishment shall also be responsible for such
payment.

• Adjustment: when the wages not paid by the

contractor, the wages shall be paid by the
employer of the establishment and the same
shall be adjusted from the contractor.
 122. Fixation of wage-periods :
• (1) employer shall fix periods, to be called
wage periods, in respect of which such wages
shall be payable.
• (2) No wage period shall exceed one month.
 123. Time of payment of wages :
• (1) paid before the expiry of the seventh day
after the last day of the wage period.

• (2) for retirement/retrenchment/discharge/

removal/dismissal/otherwise: the wages shall
be paid before the expiry of the seventh
working day from the day on terminated.

• (3) All payment of wages shall be made on a

working day.
124. Wages to be paid in current coin
or currency notes :
• All wages shall be paid in current coin or
currency notes or bank cheque.
 125. Deductions which may be made from wages :
• (a) fines imposed under section 25;
– Every fine shall be deemed to have been imposed by the commission of the
offence in respect of which it was imposed.
– All fines and all realizations there of shall be recorded in a prescribed register

• (b) deductions for absence from duty;

• (c) deduction for damage of goods, or for loss of money by worker, where
such damage o loss is directly attributable to his neglect or default;

• (d) deductions for house-accommodation supplied by the employer;

• (e) deductions for such amenities and services, required for the purpose
of employment, supplied by the employer

• (f) deductions for recovery of advances or loans

• (g) deductions of income-tax payable by the worker;

 125. Deductions which may be made from wages :
• (h) deductions required by order of a court

• (i) deductions for subscriptions to provident fund

• (j) deductions for payments to co-operative societies

approved by the Government

• (k) deductions for the contribution to fund/scheme

framed by the employer, with the approval of the
Government, for the welfare of the workers

• (l) deduction of subscription for the CBA union through

check-off system.
 126. Deductions for absence from duty :
• (1) deductions for absence of a worker under terms of
employment,

• (2) amount: not exceed the wages for absence

• if ten or more workers absent without notice/reasonable

cause, such amount not exceeding wages for eight days

• Explanation- For the purposes of this section, a worker shall

be deemed to be absent from the place where he is
required to work if, although present in such place he
refuses, in pursuance of a stay-instrike or for any other
cause which is not reasonable in the circumstances, to
carry out his work.
 127. Deductions for damage or loss :

• (1) A deduction shall not

– exceed the amount of the damage or loss
– made until the worker has been given an opportunity
of showing cause and found guilty of the charge.

• (2) All such deductions and all the realizations

thereof shall be recorded in a register to be kept
by the person responsible for the payment of
wages in such form as may be prescribed by
rules.
 128. Deductions for services rendered :
• A deduction
– shall not be made from the wages of a worker unless
the house-accommodation, amenity or service has
been accepted by him, as a term of employment or
otherwise, and

– such deduction shall not exceed an amount equivalent

to the value of the house accommodation, amenity or
service supplied and,

– the deduction shall be subject to such conditions as

the Government may impose.
 129. Deductions for recovery of loans or advances :

• Deductions subject to the following conditions:

– (a) recovery of a loan before employment began

– no recovery shall be made of such loans or advances
given for traveling expenses;

– (b) recovery of loans or any advances of wages not

already earned shall be subject to any rules made by
the Government regulating the extent to which such
loans or advances may be given and the installment
by which they may be recovered.
 130. Other deductions from wages :
• Deductions under section 125 (2) (j) (k) and (l)
shall be subject to such conditions as the
Government may impose.
 131. Payment of undisbursed wages in cases of
death of workers :
• (1) all amounts payable, if such amounts could not be paid on
account of his death

• (a) be paid to the person nominated by him in this behalf in

accordance with the rules;

• (b) where no such nomination has been made or where for any
reasons such amounts can not be paid to the person so nominated,
– be deposited with the labour court who shall deal with the amounts
so deposited in such manner as may be prescribed.

• (2) Where, in accordance with the provisions of sub-section (1), all

amounts payable to a worker as wages are paid by the employer to
the person nominated by he worker; or are deposited by the
employer with the Labour court, the employer shall be discharged
of his liability in suspect of payment of those wages.
 132. Claims arising out of deductions from wages or delay in
payment of wages :
• (1) Where contrary to the provisions of this Act any deduction has been made from the wages of a
worker, or any payment of wages has been delayed, or payment of wages or gratuity under any rule
or his dues in the provident fund delayed, such person himself, or in case of his death any of his
legal heirs or any legal representative, may apply to the Labour Court for recovery of such unpaid
wages or delayed wages or any other dues;

• (2) Every such application shall be presented within twelve months from the date on which the
deduction from the wages was made or from the date on which the Payment of the wages was due
to be made, as the case may be, to the Labour Court within whose jurisdiction on the place where
the payment was made;

• Provided that, any application may be admitted after the said period of twelve months when the
applicant satisfies the Labour Court that he had sufficient cause for not making the application
within such period.

• (3) When any application under sub-section (1) is entertained, the Labour Court shall hear the
applicant and the employer or other person responsible for the payment of wages under this
chapter, or give them an opportunity of being heard and take necessary evidence, and, may, direct
the refund to the applicant of the amount deducted, or the payment of the delayed wages.

• (4) Any order given under sub-section (3) shall not prejudice any other penalty to which such
employer or other person is liable under this Act.
132. Claims arising out of deductions from wages or delay in
payment of wages :
• (5) Labour Court in passing an order under sub-section (3) may direct the
employer or other person responsible for payment of wages to pay twenty-five per
cent of the wages of the worker as compensation.

• (6) No direction for the payment of compensation under sub-section (5) shall be
made in the case of delayed wages if the Labour Court is satisfied that the delay
was due to-

• (a) a bonafide error or bonafide dispute as to the amount payable to the worker,
or
• (b) the occurrence of an emergency, or the existence of exceptional circumstances,
such that the person responsible for the payment of the wages was unable,
though exercising reasonable diligence, to make prompt payment, or

• (c) the failure of the worker to apply for or accept payment.

• (7) If the Labour court while hearing any application under this section is satisfied
that it was either malicious or vexatious, the Labour court may direct that a
penalty not exceeding two hundred taka paid to the employer or other person
responsible for the payment of wages by the person presenting the application.
 133. Court fees in proceeding under section 132 :
• (1) In any proceedings under section 132, the applicant
shall not be liable to pay any Court fees other than fees
payable for service of process in respect of such
proceedings.

• (2) Where the applicant succeeds, in such proceedings the

labour Court hearing the application shall calculate the
amount of Court fees which would have been payable if the
application were a plaint in a civil suit for recovery of
money, and direct the employer or other person
responsible for payment of the wages under section 121 to
pay such amount.

• (3) If the amount directed to be paid under sub-section (2)

is not paid within the time specified by the Labour Court, it
shall be recoverable as a public demand.
134. Single application in respect of a class of workers whose wages
have not been paid or wages deducted :
• (1) A single application may be presented under section 132 on
behalf o in respect of any number of workers belonging to the same
unpaid group whose ages have been delayed or deducted, and in
such case compensation that may be awarded under section
132(5),

• (2) The labour Court may deal with any number of separate pending
applications, presented under section 132 in respect of workers
belonging to the same unpaid group, as a single application
presented under sub-section (1), and the provisions of that sub-
section shall apply accordingly.

• (3) For the purpose of this section, ‘unpaid workers includes in the
same group’ shall mean the workers who are borne on the same
establishment and if their wages for the same wage-period or
period have remained unpaid.
 135. Appeal :
• (1) An appeal against an order passed by the Labour court under section
132, may be preferred, within thirty days of the date on which the order
was passed, before the Tribunal.
• (2) Notwithstanding anything contained in sub-section (1) no appeal by
the employer or other person responsible for the payment of wages lie, if
the total sum directed to be paid by way of wage and compensation
exceeds one thousand taka, or by any worker or, if he has died, by any of
his heirs, or by his legal representative, if the total amount of wages
claimed exceeds five hundred taka,
• or
• (3) No appeal shall lie unless the memorandum of appeal is accompanied
by a certificate of the Labour court to the effect that the appellant has
deposited with the Labour court the amount payable under the direction
appealed against.
• (4) Save as provided in the case of appeal under this section all other
orders passed by the Labour court under section 132 shall be final.
• (5) The provisions of section 5 of the Limitation act, 1908 (LX of 1908) shall
be applicable to appeal under this section.
 136. Conditional attachment of property of employer or
other person responsible for payment of wages :
• (1) Where at any time-
• (a) after an application has been made under section 132, the Labour court, or

• (b) after an appeal has been filed under section 135, the Tribunal; is satisfied that
the employer or other person responsible for the payment or wages under section
121 is likely to evade payment of any amount that may be directed to be paid
under section 132 or 135, the Labour court or the Tribunal, as the case may be,
after giving the employer or other person an opportunity of being heard, may
direct the attachment of so much of the property of the employer or other person
responsible for the payment of wages:

• Provided that, if there is possibility of defeating the purpose for the cause of delay,
the said Court or Tribunal, before giving the opportunity of being heard, may pass
such order of attachment.

• Provided further that such amount of property may be attached, which, in the
opinion of the Labour Court or the Tribunal, sufficient to satisfy the amount which
may be payable under the direction.

• (2) All provisions of the Code of Civil Procedure, 1908 (V of 1908), relating to
attachment before judgment, apply to any order for attachment
137. Power to recover from employer in certain cases :

• When the Labor Court is unable to recover

from any person, other than an employer,
responsible under section 121 for the
payment of wages any amount directed by
such court or tribunal, as the case may be, to
be paid by such person, it shall recover the
amount from the employer.
 Case study
1. Mr. Jabed and Wahid are the worker of SS steel
corporation. They are responsible for preparing
chemical mixing plant. Due to health problem
Jabed was absent from his duty for 5 days. For
the absence Jabed inform his owner before.
Wahid also absent from his duty for 3 days
without informing anything to his owner. Due to
their absence some chemical was damaged in
the plant. The owner notice them both Jabed
and Wahid will be charged for the damage and
absence form the duty”. Explain what
consequences may arises from the event?
 ???
1. What is mean by terms and condition of services? Why
law relating to working hours, and leave is important for
the organization?
2. State the law relating to daily working hours, rest, and
weekly working hours.
3. What are the provisions relating to weekly holiday and
compensatory holiday?
4. State the legal difference for day shift and night shift
working hour with the effect on male and female worker.
5. State the working condition for transport and tea
plantation worker.
6. What is mean by over time. State the law relating to
defining over time and wages for overtime.
7. State the law relating to sick leave, festival leave, and
annual leave.
 Wages and payments
1. Define wage according to section 2 (sub 65) and
sec 120.
2. What is the responsibility of employer regarding
wages? How the employer can fix wage periods
and time of payment of wages.
3. Explain the matter deductible from wages.
4. Explain the law relating to deduction of wages
for absence, damage, service rendered, and
loan.
5. Explain the provision relating to paying wages
for the death of the employee.