Hours of Work (Industry) Convention, 1919 (No. 1) - Bangladesh (Ratification: 1972)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 2, 3, 5 and 6 of the Convention. Authorized exceptions to limits on normal daily and weekly hours of work. In its previous comment, the Committee noted that sections 100 and 102(2) of the Labour Act authorize exceptions to the limits of normal daily and weekly hours of work on grounds that go beyond those contemplated in the Convention, such as, for instance, the Government’s discretionary power to grant exemptions to certain industries for a period of six months for reasons of public interest or the promotion of economic development. In the absence of the Government’s reply on this point, the Committee once again recalls that derogations from the ordinary eight-hour working day and 48-hour working week are only permitted under well-defined conditions laid out in the Convention, in particular Article 2 (averaging of hours of work in the case of shift work), Article 3 (unforeseen work in case of accident, urgent repair work, force majeure), Article 5 (averaging of hours of work over a period longer than a week), Article 6(1)(a) (permanent exceptions in the case of preparatory or intermittent work), and Article 6(1)(b) (temporary exceptions in exceptional cases of pressure of work). The Committee therefore requests the Government to indicate the measures it intends to take in order to ensure that derogations from the general working hour limits are authorized only under the limited conditions prescribed by the above-referenced Articles of the Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the adoption of the consolidated Labour Act, 2006, which provides for general working hour limits of eight hours per day (section 100) and 48 hours per week (section 102(1)).

Articles 2, 4, 5, paragraph 1, and 6, paragraph 1(a), of the Convention. Permanent exceptions. The Committee notes that under sections 100 and 102 of the Labour Act, 2006, no adult worker may ordinarily be required or allowed to work in an establishment for more than the eight hours per day and 48 hours per week. The Labour Act further provides that these limits may be exceeded by two hours per day (section 100), within an overall weekly limit of 60 hours or a yearly average of 56 hours (section 102(2)), provided that the worker concerned is remunerated at an overtime rate (section 108). In addition, the Government may, if satisfied that this is necessary in public interest or in the interest of economic development, relax the application of the weekly hour rules in certain industries, or exempt such industries for a maximum period of six months from these provisions. In this connection, the Committee recalls that the Convention allows for permanent exceptions to the standard double limit of eight hours per day and 48 hours per week only in limited and well-circumscribed cases, i.e. variable distribution of working hours within a week (Article 2(b)), averaging of hours of work (Articles 2(c) and 5); continuous processes (Article 4); and preparatory, complementary or essentially intermittent work (Article 6, paragraph 1(a)). The Committee wishes to refer, in this connection, to paragraphs 85–168 of its General Survey of 2005 on hours of work which contain a detailed analysis of the relevant provisions of the Convention. The Committee would appreciate it if the Government would indicate how it is ensured in law and practice that no derogations from the general working hour limits are permitted under the Labour Act on any grounds other than those provided for in the Articles of the Convention indicated above.

Articles 3 and 6, paragraph 1(b). Temporary exceptions. The Committee notes that section 108(1) of the Labour Act provides for an overtime pay to be applied “where a worker works in an establishment on any day or week for more than the hours fixed under this act”, without specifying conditions under which such overtime may be authorized, except for the upper limits of weekly working hours prescribed in section 102(2) of the Labour Act. In this connection, it recalls that the Convention lays down specific conditions to be met before temporary exceptions to the normal working hours may be authorized: urgent work or force majeure (Article 3) or exceptional pressure of work (Article 6(b)). The Committee requests the Government to explain how these provisions of the Convention are given effect.

Article 7. List of exceptions. Please provide a list of all authorized exceptions to normal hours of work as required under this Article of the Convention.

Article 8. Posting of notices. While noting section 111 of the Labour Act, the Committee requests the Government to supply a copy of the form of notice of periods of work and of the register of overtime to which the Government made reference in its report.

Part VI of the report form. The Committee would be grateful if the Government would provide up to date information on the practical application of the Convention, including, for instance, the approximate number of workers covered by the relevant legislation, labour inspection results showing the number and nature of working time-related offences observed and sanctions imposed, copies of collective agreements containing clauses on working time arrangements, any difficulties experienced in the application of the Convention especially in export processing zones (EPZs) or in the textile industry, etc.