Labour Law

Topics: Employment, Working time, Labour market flexibility Pages: 46 (15414 words) Published: August 27, 2013
LABOUR LAW

Labour Law: ‘Labour law’ means that body of rules which deals with employment conditions, in particular, conditions of appointment, termination, dismissal, discharge from employment, wages, conditions of leave, benefits, employment environment, safety of workers, their right to trade unions, industrial dispute and its settlement, social securities of the workers etc. in any establishment.

Object of Labour Law: No nation can hope to survive in the modern age of technology unless it is wedded to industrial development and technological advance. Industrial development mostly depends upon a harmonious relationship between the employers and employees, the two important components of an industry. The main object of labor law is to establish a continuous process of harmonious relationship between the employers and employees, so that a positive industrial atmosphere is created. The ultimate object of labor law is to maintain industrial peace, security and thereby to ensure steady growth of production. Labour law creates a fovourable atmosphere for both investors and workers working in an establishment through the following ways :

i) Conditions of appointment, termination, dismissal, discharge and retirement are formed according to labor law. ii) Wages and other financial benefits are formed according to labour law. iii) Social benefits are determined according to labour law. iv) Health, safety and welfare measures for workers are taken according to labour law. v) Working hours and working conditions are determined according to labour law. vi) Trade union activities, industrial disputes and settlement of industrial disputer etc. are conducted according to labour law. vii) Grievance procedure is conducted according to labour law.

Necessity of Labour Legislation: Labour legislation is necessary for the following reasons :

i) The individual workers are economically weak. They cannot bargain with the employers for the protection of their rights and even for subsistence wages. As such legislation for labour against long hours of work, unhygienic conditions of work, low wages and exploitation is needed. ii) The workers are exposed to certain risks in factories, mines and other establishments. As such in order to make provisions for their health, safety and welfare, legislation is needed. iii) In order to increase the bargaining power of labour, legislation is necessary to encourage the formation of trade unions. iv) In order to avoid industrial disputes which lead to strikes and lock-outs, labour legislation is needed. v) To protect children and women from taking to work under hazardous conditions and at odd hours, legislation is essential. vi) Laws for providing compensation to workmen who die or are injured during and in the course of employment legislation is also essential. vii) Labour legislation advances the interest of the working people and thus helps set up the development of the national economy on a sound and self-reliant basis. viii) Labour law provides for industrial harmony in the country. Industrial harmony is indispensable when a country plans to make economic progress. Economic progress is bound up with industrial harmony for the simple reason that industrial harmony inevitably leads to more co-operation between employees, and also between employer and workers which results in more productivity and thereby contributes to all-round prosperity of the country.

Principles upon which Labour Legislation in Bangladesh is based: Labour legislation is Bagladesh is based upon the following fundamental principles :- The preamble of Constitution of the People’s Republic of Bangladesh states that ‘economic and social justice’ will be one of the fundamental principles of the constitution. It also states that it shall be a fundamental aim of the state to realize through democratic process a socialist society, free from exploitation- a society in which the rule of law, fundamental human rights...
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