Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work in industry), 14 (weekly rest in industry), 106 (weekly rest in commerce and offices), and 89 (night work of women) together. 

The Committee notes the observations of the Trade Union’s International Labour Standards Committee (TU-ILS Committee) with respect to all the above Conventions, received on 1 September 2025.

Hours of work 

Article 6(2) of Convention No. 1. Compensation. The Committee notes that the TU-ILS Committee indicates in its observations that in tannery, bookbinding, and printing factories, work beyond eight hours is often not recognized as overtime and therefore is not properly compensated. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to provide information on the measures taken or envisaged to ensure that payment of overtime hours is provided in practice in all circumstances at no less than 125 per cent of the ordinary wage rate, irrespective of any compensatory rest granted to the workers concerned.

Weekly rest 

Article 2 of Convention No. 106. Scope of application. In its previous comments, the Committee noted that section 4(1)(a) of the Bangladesh Labour Act, 2006 (BLA) excludes from its scope of application governmental offices. The Committee observes that this provision is still in force. The Committee also notes that section 4(1)(b), (e) and (f) of the BLA excludes from its application security printing press, shops or stalls in any public exhibition or show which deal only in retail trade, and shops or stalls in any public fair or bazaar established for religious or charitable purposes. The Committee requests the Government to indicate in which manner it ensures that the provisions of the Convention are given full effect regarding workers employed in establishments that are excluded from the BLA.

Article 2(1) of Convention No. 14 and Article 6(1) of Convention No. 106. Right to weekly rest. In its observations, the TU-ILS Committee indicates that section 103(a) of the BLA, which provides for one day of weekly rest in industrial establishments and one day and a half in shops and other establishments, does not explicitly require that this rest is uninterrupted, leaving room for potential violations, especially in sectors with shift work. The Committee requests the Government to provide its comments in this respect. It also requests the Government to indicate how this provision is applied in practice to ensure that all workers enjoy at least 24 uninterrupted hours of rest per week.

Article 2(2) and (3) of Convention No. 14 and Article 6(2) and (3) of Convention No. 106. Uniformity of weekly rest. Respect for traditions and customs. Further to its previous comments, the Committee notes that according to section 114(2) of the BLA and section 100 of the Bangladesh Labour Rules, 2015 (BLR), the weekly rest day may vary from area to area and may be changed in the public interest. In its observations, the TU-ILS indicates that in factories, workers are often sent on leave in small groups when workloads are low, while in printing and bookbinding industries, there is no fixed weekly rest day. The TU-ILS Committee emphasizes the need to align the granting of weekly rest with local religious and social customs to promote worker well-being and social cohesion. The Committee recalls that the principle of uniformity enshrined in Article 2(2) of Convention No. 14 and Article 6(2) of Convention No. 106 refers to the collective character of weekly rest with a view to ensuring, wherever possible, that it is taken at the same time by all workers on the day established by tradition or custom (2018 General Survey on working-time instruments, para. 202). The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to provide information on how it ensures that weekly rest is, whenever possible, granted simultaneously to the whole of the staff of each undertaking and so as to coincide with the days already established by the traditions or customs of the country or district, as required in Article 2(2) and (3) of Convention No. 14 and Article 6(2) and (3) of Convention No. 106. 

Article 5 of Convention No. 14 and Article 7(2) and 8(3) of Convention No. 106. Compensatory rest. The Committee notes that under section 104 of the BLA workers may, subject to consultation with the representatives of the collective bargaining agent or participation committee, work on the weekly rest day and a compensatory rest day can be added to the festival holiday. In this regard, the Committee recalls the importance of granting compensatory rest within an appropriate lapse of time in order to protect workers’ health and safety and their participation in family life (2018 General Survey concerning working-time instruments, para. 918). The Committee requests the Government to indicate how it is ensured that workers are not required to work excessively long periods without enjoying the weekly rest to which they are entitled.

Night work for women 

Article 3 of Convention No. 89. Prohibition on night work for women. Maternity protection. The Committee notes that, pursuant to section 109 of the BLA and section 103 of the BLR no women shall, without her consent, be allowed to work in an establishment between ten o’clock in the evening and six o’clock in the morning. It also notes that section 46 of the Bangladesh Export Processing Zone Labour Act, 2019 (EPZLA) provides that no female worker shall, without her consent and the consent of the Additional Inspector General of concerned Zone, be allowed to work in any enterprise between eight o’clock in the evening and six o‘clock in the morning. The Committee observes that there is no general prohibition against the employment of women at night, if they so consent. The Committee also observes that there are no provisions concerning the protection of women night workers, in relation to maternity. Recalling that pregnant and breastfeeding women may be particularly vulnerable to night work and emphasizing the importance of women night workers who are in this situation being provided with alternative work (2018 General Survey concerning working-time instruments, para. 545), the Committee requests the Government to provide further information on measures taken or envisaged to protect women night workers with regard to maternity. The Committee also recalls that Convention No. 89 will be open for denunciation between 27 February 2031 and 27 February 2032.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work in industry), 14 (weekly rest in industry), and 106 (weekly rest in commerce and offices) together.

The Committee notes the observations of the Trade Union’s International Labour Standards Committee (TU-ILS Committee) with respect to all the above Conventions, received on 1 September 2025.

Hours of work

Article 6 of Convention No. 1. Permanent and temporary exceptions. Circumstances, limits to additional working hours and tripartite consultations. The Committee notes that under several provisions of the national legislation the limits on normal working hours (eight hours per day and 48 hours per week) may be exceeded by two hours per day within an overall weekly limit of 60 hours in a week and on average 56 hours per week in a year, provided that the worker concerned is remunerated at an overtime rate (sections 100 and 102(2) of the Bangladesh Labour Act, 2006 (BLA), section 99(1) of the Bangladesh Labour Rules, 2015 (BLR) and sections 238 and 40(2) of the Bangladesh Export Processing Zone Labour Act, 2019 (EPZLA)). The Committee observes that these provisions do not specify the circumstances under which the normal working hours may be exceeded.

The Committee also notes that under section 102(2) of the BLA and section 40(2) of the EPZLA, the Government may either relax the application of the normal weekly working hours’ limits in certain industries or totally exempt these industries from such limits for a maximum period of six months in the public interest or in the interest of economic development. The Committee observes that: (i) these provisions do not provide for the maximum number of additional hours that are permitted; and (ii) the circumstances prescribed therein do not fall under the circumstances provided for under the Convention. In its observations, the TU-ILS Committee indicates that section 102(2) of the BLA provides for the possibility of exemptions, without requiring tripartite consultations and that the Government has been issuing six-month exemptions under this section permitting extended working hours in the apparel and ready-made garment sector.

Recalling the impact that long hours of work can have on workers’ health and the balance between their personal and working life, the Committee emphasizes the importance of national legislation and practice restricting recourse to exemptions to cases of clear, well-defined and limited circumstances provided under Articles 3 and 6 of the Convention. The Committee also recalls that, pursuant to Article 6(2) of the Convention, regulations on additional hours shall fix the maximum number of additional hours in each instance and shall be made only after consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide its comments with respect to the observations of the TU-ILS Committee. The Committee also requests the Government to take the necessary measures to ensure that: (i) overtime is allowed only under clear circumstances as required by the Convention; (ii) the maximum number of additional hours allowed is clearly set; and (iii) consultations are held with social partners when granting exceptions to ordinary limits of working hours. The Committee also requests the Government to provide information on these measures.

Weekly rest

Article 4 of Convention No. 14 and Articles 7(1) and (4) and 8(1) and (2) of Convention No. 106. Permanent and temporary exceptions. Circumstances. Tripartite consultations. The Committee notes that: (i) section 114(5) of the BLA provides for the exemption of a series of establishments from the rule of the closure of one-and-a-half days per week, without indicating the weekly rest schemes that applies for these establishments; (ii) section 104 of the BLA provides for the possibility of exempting an establishment, or the workers therein, from weekly rest through governmental orders, without specifying the circumstances under which these exemptions may be granted; (iii) section 324(1)(2) of the BLA provides for the possibility to exempt, through a Government notification, any employer or class of employers or any establishment or class of establishments or any part thereof or any worker or class of workers from the provisions of weekly rest in the public or national interest for a period not exceeding six months at a time; and (iv) section 324(3) of the BLA provides that the Inspector General may, by notification in the official Gazette, suspend the operation of weekly rest in respect of any establishment or class of establishments for the purpose of any festival, fair or exhibition, for any such period and on such conditions as may be specified in the notification. In its observations, the TU-ILS Committee indicates that there is no institutional process in place for consulting with employers’ and workers’ organizations on adjustments to weekly rest schemes or for approving special weekly rest schemes based on operational needs or service demands. It also indicates that there is need to develop sector-specific special rest schemes for industries where standard weekly rest cannot be uniformly applied. The Committee recalls that exceptions to weekly rest in the industrial sector should only be established having special regard to all proper humanitarian and economic considerations by virtue of Article 4(1) of Convention No. 14. The Committee emphasizes the importance of all authorized exceptions in the commerce and offices sectors to the normal 24-hour weekly rest period remaining limited to the cases enumerated in Articles 7(1) and 8(1) of Convention No. 106 and of paying due regard to all proper social and economic considerations. In addition, the Committee recalls that Article 4 of Convention No. 14 and Article 7(4) of Convention No. 106 require consultations with employers’ and workers’ organizations regarding the adoption of permanent and temporary exceptions. The Committee requests the Government to provide its comments with respect to the observations of the TU-ILS Committee and to provide detailed information in particular on how often the above provisions are applied in practice. The Committee requests the Government to take the necessary measures to ensure that: (i) all proper humanitarian and economic considerations are taken into account when authorizing exceptions in industry and that consultations are held with representative employers’ and workers’ organizations concerned; and (ii) temporary exemptions from the normal weekly rest scheme in commerce and offices are authorized in law and in practice only for the reasons specified in Articles 7(1) and 8(1) of Convention No. 106. The Committee also requests the Government to provide more detailed explanations on the special weekly rest schemes applicable to the workers exempted under section 114(5) of the BLA.

Application in practice

Articles 2 and 8(1) of Convention No. 1, Articles 2(1) and 5 of Convention No. 14 and Articles 6(1), 7(2) and 8(3) of Convention No. 106. Normal hours of work. Posting of notices and record keeping. Weekly rest. Compensatory rest. Application of working time legislation in practice. The Committee notes that in its observations, the TU-ILS Committee indicates that: (i) concerning hours of work, and despite clear legal limits on working hours, there is inadequate implementation and enforcement, with workers in industries such as tannery, printing and binding, construction and transport often working excessively long hours; (ii) working hours, both normal and overtime, are not clearly posted in subcontracting factories, and small establishments and records are often poorly maintained, falsified and rarely audited, particularly in the informal sector; workers in the apparel and ready-made garment factories often receive rest only every 15 days or more and sometimes work up to 30 consecutive days, facing penalties if they refuse to work on rest days; similar issues occur in banking, factories, malls, pharmacies and tourism; and (iii) the right to a compensatory rest day is frequently violated in practice across various sectors, including tanneries, printing and binding, bakeries, tourism, small shops and malls, where workers often do not receive any compensatory rest. The Committee also notes that the TU-ILS Committee indicates that stronger labour inspection and enforcement mechanisms, including regular and unannounced inspections in vulnerable sectors, need to be carried out and penalties for non-compliance with the relevant obligations need to be imposed. The Committee recalls that without the effective notification and recording of working time and rest periods, it is not possible to assess compliance with the relevant standards. It emphasizes the importance of ensuring that effective mechanisms are in place to guarantee compliance with working-time provisions, primarily through labour inspection and the application of dissuasive penalties for non-compliance as well as through the other mechanisms (2018 General Survey concerning working-time instruments, para. 876). The Committee requests the Government to provide its comments with respect to the TU-ILS Committee’s observations. It also requests the Government to take the necessary measures to ensure that the provisions of the Conventions on hours of work and weekly rest are applied in practice, including measures taken to ensure the enforcement activities in sectors facing challenges.

The Committee is raising other matters in a request addressed directly to the Government.

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 2013, published 103rd ILC session (2014)

Articles 2, 4 and 5 of the Convention. Weekly rest day – Total and partial exceptions – Compensatory rest. The Committee requests the Government to refer to the comments made under Articles 2, 6, 7 and 8 of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).

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

Articles 2 and 6 of the Convention. Scope of application – Weekly rest day. In its report, the Government refers to a number of regulatory instruments, including the Government Servants (Conducts) Rules, 1979, which would give effect to the Convention as regards public employees. The Committee notes, however, that these instruments contain no provisions regarding the weekly rest entitlement of public employees. The Committee also notes that the Government is currently considering the adoption of a Public Employees Act. Recalling that offices of, or under, the Government as well as any shop and commercial establishment owned and directly managed by the Government are excluded from the scope of the Labour Act, 2006, the Committee requests the Government to indicate how it is ensured in law and in practice that public employees are entitled to an uninterrupted weekly rest period of at least 24 hours in the course of each period of seven days. Furthermore, in the absence of new information regarding the implementation of section 103(a) of the Labour Act, the Committee once more requests the Government to explain how it is ensured that workers are granted an uninterrupted period of rest of at least 24 hours in the course of each period of seven days and that such weekly rest, wherever possible, is given simultaneously to all the persons concerned in each establishment and coincides with the day already established by tradition or custom.

Article 7. Permanent exceptions. In its report, the Government indicates that workers employed in those businesses that are exempted from the normal weekly rest scheme, and which are enumerated in section 114(5) of the Labour Act, are entitled to a weekly rest period on an alternative day. The Committee once again requests the Government to provide more detailed explanations on the special weekly rest schemes applicable to those workers, especially on the maximum period within which the compensatory rest must be granted, and to provide copies of any relevant texts. In addition, referring to section 104 of the Labour Act which provides that workers deprived of weekly holidays should receive compensatory weekly holiday “as soon as circumstances permit”, the Committee again requests the Government to specify how it is ensured in practice that workers are not required to work excessively long periods without enjoying the weekly rest to which they are entitled.

Article 8. Temporary exceptions. In the absence of any specific legal provision on this point, the Committee requests the Government to indicate how it is ensured in law and in practice that temporary exemptions are authorized only for the reasons specified in Article 8(1) of the Convention and after consultation with representative employers’ and workers’ organizations concerned.

Article 9. Reduction of income. The Committee requests the Government to indicate the legal provision, if any, guaranteeing that no deductions may be made from wages on account of weekly rest.

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

Article 3 of the Convention. Prohibition of night work for women. The Committee recalls its previous comment in which it noted that, following the adoption of the Labour Act 2006, the prohibition against the employment of women during the night has been significantly relaxed to the extent that women may not be employed without their consent between 10 p.m. and 6 a.m., which implies that they may freely decide to hold night jobs if they so wish. The Committee also drew attention to the fact that action was needed with regard to the outdated Night Work (Women) Convention, 1919 (No. 4), which had not yet been denounced, and therefore the Government remained formally bound by that instrument. In its reply, the Government indicates that, in accordance with the Labour Act, special attention is paid to the protection of women when they are employed during night-time. The Government adds, however, that since the provisions of the Labour Act give effect to Convention No. 89, it does not matter if no action is taken with regard to the original Convention No. 4. The Committee observes, in this respect, that in its current reading section 109 of the Labour Act is not in conformity with either the general prohibition against women’s night work laid down in Article 3 of the Convention or the definition of the term “night” as a period of at least 11 consecutive hours set out in Article 2 of the Convention. In addition, as regards Convention No. 4, the Committee considers that the Government should take the necessary action to remove any contradiction between its international obligations arising from ratified Conventions, that might have grown outdated over time, and domestic legislation in the interest of preserving a coherent body of international labour standards and maintaining a meaningful dialogue with the Organization’s supervisory organs. In this connection, the Committee recalls that Convention No. 89 will again be open to denunciation as from 27 February 2021, while Convention No. 4 may be denounced at any time. The Committee once again invites the Government to give favourable consideration to the ratification of Convention No. 171, and to keep the Office informed of any steps taken with respect to Conventions Nos 89 and 4.

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.

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

The Committee notes with interest the adoption of the Labour Act, 2006 (Act No. XLII of 2006), which repeals the Factories Act, 1965 (Act No. IV of 1965) that previously gave effect to the provisions of the Convention.

Article 2, paragraphs 2 and 3, of the Convention. Weekly rest day. The Committee notes that under section 114(2) of the Labour Act, 2006, the one-and-a-half days on which establishments must remain closed is fixed for each area by the chief inspector who may from time to time reschedule such days for each area in the public interest. The Committee requests the Government to clarify how it is ensured that the weekly rest, wherever possible, is granted simultaneously to the whole of the staff of each undertaking and coincides with the days already established by the traditions or customs, as required by this Article of the Convention. It also asks the Government to specify how the day of weekly rest is fixed for road transport service workers.

Article 4. Total and partial exceptions. The Committee notes that under section 114(5) of the Labour Act, 2006, the normal weekly rest scheme does not apply to (i) docks, wharves or stations and terminal offices of transport services including airports, and (ii) any industry, business or undertaking which supplies power, light or water to the public. It also notes that under section 104 of the Labour Act, where, as a result of the passing of an order or the making of a rule exempting an establishment, or the workers therein, from the provisions of section 103, a worker is deprived of any of the weekly holidays, he/she must be allowed, as soon as circumstances permit, compensatory holidays of equal duration. As the Labour Act does not elaborate on the grounds on which exemption orders and rules may be issued, the Committee requests the Government to specify how it is ensured that all proper humanitarian and economic considerations are taken into account and that consultations are held with responsible associations of employers and workers, as required by this Article of the Convention.

Article 5. Compensatory rest. The Committee notes that persons working on a weekly rest day are granted compensatory rest as soon as circumstances permit. It observes, in this regard, that weekly rest being essential to the worker’s health and well-being, it should be avoided that persons work for long periods without receiving the rest days to which they are entitled. The Committee requests the Government to provide additional explanations in this regard.

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

Article 3 of the Convention. Prohibition of night work for women. The Committee notes that following the adoption of the new Labour Act 2006, the general prohibition against the employment of women during the night has been removed. According to section 109 of the Labour Act, women may not be employed without their consent between 10 p.m. and 6 a.m., which of course implies that female workers can henceforth make their own free decisions as to whether they wish to perform night work. The Committee is therefore obliged to conclude that the Convention is no longer given effect in either law or practice.

Under the circumstances, and while noting that the Government is currently in the process of finalizing the Rules under the new Labour Act, the Committee wishes to draw the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument but focuses on the protection of all night workers in all branches and occupations. The Committee once again invites the Government to consider the possibility of ratifying Convention No. 171 and to keep the Office informed of any decision taken or envisaged in this regard.

In addition, the Committee notes that the Government remains bound by the provisions of the Night Work (Women) Convention, 1919 (No. 4), and, therefore, action needs also to be taken in this regard. In its General Survey of 2001 on the night work of women in industry, the Committee concluded that Convention No. 4 was a rigid instrument, ill-suited to present-day realities and manifestly of historical importance only (paragraph 193). Similarly, the ILO Governing Body, based on the recommendations of the Working Party on Policy regarding the Revision of Standards, decided to retain Convention No. 4 as a candidate for possible abrogation considering that it no longer corresponded to current needs and had become obsolete (see GB.283/LILS/WP/PRS/1/2, paragraphs 31–32 and 38). The Committee takes this opportunity to recall that contrary to most other Conventions which may be denounced after an initial period of five or ten years but only during an interval of one year, the denunciation of Convention No. 4 is possible at any time provided that the representative organizations of employers and workers are fully consulted in advance. The Committee, therefore, strongly encourages the Government to take appropriate action in respect of obsolete Convention No. 4.

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

The Committee notes the adoption of the Labour Act, 2006 (Act No. XLII of 2006), which repeals the Shops and Establishments Act, 1965 (Act No. VII of 1965), that previously gave effect to the provisions of the Convention. It notes with satisfaction that, contrary to the Shops and Establishments Act, 1965, which applied to businesses of five and more employees, the new Labour Act applies to all shops and commercial establishments irrespective of the number of employees, city corporations or municipal areas – a point on which the Committee had been commenting for a number of years.

Article 2 of the Convention. Scope of application. The Committee notes that the Labour Act, 2006, in its section 1(4)(a)(i), continues to exclude from its scope of application offices of, or under, the Government as well as any shop and commercial establishment owned and directly managed by the Government. It understands that, in accordance with the Negotiable Instruments Act, 1881, the weekly rest periods for civil servants continue to be regulated by means of Government executive orders. The Committee would be grateful if the Government would provide additional clarification in this respect and specify the instruments currently governing the weekly rest entitlement of public employees.

Article 6. Weekly rest day. The Committee notes that under section 103(a) of the Labour Act, 2006, workers employed in shops and commercial enterprises are entitled to one-and-a-half days of weekly holiday which, of course, exceeds the minimum 24-hour requirement set out in this Article of the Convention. However, recalling that section 4(1) of the now repealed Shops and Establishments Act, 1965, provided for one-and-a-half days consecutive holidays in each week, the Committee requests the Government to clarify how it is ensured in law and practice that workers are granted an uninterrupted period of rest of at least 24 hours in the course of each period of seven days. Moreover, noting that the weekly rest day may vary from one area to another and also that it may be changed in the public interest, the Committee requests the Government to explain how it is ensured in practice that weekly rest, wherever possible, is given simultaneously and coincides with the day established as a day of rest by the traditions or customs of the country.

Article 7. Permanent exemptions. The Committee notes that, under section 114(5) of the Labour Act, 2006, the normal one-and-a-half days’ weekly rest period does not apply, among other establishments, to shops dealing with vegetables, meat, fish, dairy products, bread, pastries, sweetmeats and flowers; shops dealing mainly in medicines, surgical appliances, bandages or other medical requisites; shops dealing mainly in tobacco, cigars, cigarettes, liquid refreshments, newspapers or periodicals; barbers’ and hair dressers’ shops; clubs, hotels, restaurants, catering houses, cinemas or theatres. It also notes that the opening or closing hours of these shops and establishments are fixed by order of the Chief Inspector. The Committee requests the Government to provide more detailed information, including copies of any relevant texts, on the special weekly rest schemes applicable to the above businesses and also to indicate whether consultations with representative employers’ and workers’ organizations have been held in this regard, as required by this Article of the Convention.

The Committee further notes that under section 104 of the Labour Act, persons working on a weekly rest day are to be given compensatory rest of an equal duration “as soon as circumstances permit”. Formulated in such general terms, the legislation seems to offer little guarantee that workers will not need to wait excessively long before they can take their compensatory rest. The Government’s attention is drawn to Paragraph 3 of the Weekly Rest (Commerce and Offices) Recommendation (No. 103), which indicates that persons to whom special weekly rest schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled. The Committee requests the Government to provide additional explanations in this regard.

Article 8. Temporary exemptions. The Committee notes that the Labour Act, 2006, in section 104, refers to exemption orders and rules but does not specify the grounds on which temporary exemptions to the normal weekly rest scheme may be granted. Recalling that the Convention allows for temporary exemptions only on limited and well-defined grounds, namely: (i) accident, force majeure or urgent work; (ii) abnormal pressure of work due to special circumstances; and (iii) in order to prevent loss of perishable goods, the Committee requests the Government to explain how it is ensured in law and practice that temporary exemptions from the normal weekly rest scheme are authorized only on those grounds.

Article 9. Reduction of income. The Committee notes that the new Labour Act, 2006, does not contain any provision prohibiting deductions from wages on account of weekly rest, except for those employed in road transport services. Recalling that section 4(2) of the now repealed Shops and Establishments Act, 1965, expressly prohibited deductions on account of weekly holidays to be made from workers’ wages, the Committee requests the Government to specify how this Article of the Convention is given effect in law and practice.

Part V of the report form. The Committee would appreciate receiving up to date information on the practical application of the Convention, including, for instance, statistics on the approximate number of workers covered by the relevant legislation, labour inspection results showing the number of contraventions observed concerning weekly rest and sanctions imposed, copies of collective agreements containing provisions on weekly rest, etc.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee recalls its previous observation in which it noted the Government’s indication that the Tripartite Consultative Council has recommended the ratification of the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89), and that the matter should then be referred to the Cabinet and the respective Parliamentary Commission for examination. The Committee notes that, according to the Government’s report, there have been no further developments in this regard.

The Committee takes this opportunity to refer to paragraphs 191-202 of its 2001 General Survey on the night work of women in industry, in which it observed that the present trend is no doubt to move away from a general prohibition against women’s night work and to give the social partners the responsibility for determining the extent of the permitted exemptions. In this respect, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. It also suggested that greater efforts should be made by the Office to help those constituents who are still bound by the provisions of Convention No. 89, and who are not yet ready to ratify the new Night Work Convention, 1990 (No. 171), to realize the advantages of modernizing their legislation in line with the provisions of the Protocol. Therefore, the Committee once again invites the Government to give favourable consideration to the ratification of the 1990 Protocol which affords greater flexibility in the application of the Convention while remaining focused on the protection of female workers. The Committee requests the Government to keep it informed of any progress made or decisions taken in this regard. Finally, the Committee would be grateful to the Government for providing in its next report, in accordance with Part V of the report form, all available information concerning the practical application of the Convention, including for instance extracts from reports of inspection services, statistics on the number of workers covered by relevant legislation, the application of the exceptions allowed under the provisions of the Convention, etc.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Please see comments under the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Article 2 of the Convention. According to this Article, the weekly rest provisions apply to establishments irrespective of the size of the workforce. The Shops and Establishments Act of 1965, however, which is the main legislation to give effect to the Convention, only applies automatically to the establishments in which five or more workers are employed (section 1(4)). Otherwise, the Act shall apply if the establishments are notified in the Official Gazette (section 1(5)).

The Committee understands from previous reports that the Government has extended, by notification under section 1(5) of the Shops and Establishment Act of 1965, the application of the Act to all shops and establishments in four city corporations and 52 municipal areas.

The Government’s report indicates that there are still areas without notifications where the Act only applies to shops and establishments with more than five employees. In the absence of exhaustive information, the Committee requests the Government to indicate how effect is given to the Convention in respect of establishments where fewer than five workers are employed. The Committee furthermore asks the Government to provide it with a list of areas where the Act only applies to shops and establishments of more than five employees.

Article 6, paragraph 3. In response to its direct request, the Committee notes receipt of two notifications in Bengali by the Chief Inspector under section 5(2) of the Shops and Establishment Act of 1965, regulating the weekly rest days of shops and establishments. The Committee understands that the weekly rest days in Bangladesh might differ according to the district, municipality or area. It would appreciate receiving further information on the criteria used by the Chief Inspector in determining the weekly rest days and on any problems encountered. The Committee would be grateful if the Government could provide it in its next report with copies in English, if they exist.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the information provided in the Government’s last report still does not contain a reply to its previous comments with regard to Article 2 of the Convention. It hopes that the next report will include full information on the matters raised in this respect in its previous direct request, which read as follows:

Article 2 of the Convention. With reference to its previous comments, the Committee notes the Government’s indication in its report that the weekly rest provisions of the 1965 Shops and Establishments Act apply to establishments, irrespective of the number of workers, by government notifications made under section 5(2) of the Act. The Committee would be grateful if the Government would provide texts of the notifications applying the weekly rest provisions of the 1965 Act to establishments employing fewer than five workers. It also requests the Government to indicate the areas in which the 1965 Act does not yet apply to establishments employing less than five workers.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

Further to its previous comment, the Committee notes the Government's report. It notes the Government's indication that the Tripartite Consultative Council has recommended the ratification of the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948. This recommendation will therefore be submitted to the Cabinet and the respective Parliamentary Commission.

The Committee requests the Government to provide information on any developments in this respect.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 2 of the Convention. With reference to its previous comments, the Committee notes the Government's indication in its report that the weekly rest provisions of the 1965 Shops and Establishments Act apply to establishments, irrespective of the number of workers, by government notifications made under section 5(2) of the Act. The Committee would be grateful if the Government would provide texts of the notifications applying the weekly rest provisions of the 1965 Act to establishments employing fewer than five workers. It also requests the Government to indicate the areas in which the 1965 Act does not yet apply to establishments employing less than five workers.

Article 8. The Committee notes from the Government's report that the provision of the 1965 Act permitting exemptions of weekly rest applies to some seasonal factories such as sugar mills and rice mills, on the condition that weekly rest is granted at the end of the season. It requests the Government to indicate the measures taken to ensure that when such exemptions to the weekly rest are made, all persons concerned are granted compensatory rest of a total duration at least equivalent to the period provided for under Article 6 of the Convention.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report. It also notes the comments of the Bangladesh Employers' Association, which were attached to the Government's report, to the effect that the Government should consider ratifying the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948.

The Committee requests the Government to supply information on any development in this respect.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the comments of the Bangladesh Employers' Association.

Article 2 of the Convention. In its previous comment, the Committee noted that it appeared that, under section 1(4) of the 1965 Shops and Establishments Act, only establishments in which five or more workers are employed were covered by the notifications made under section 5(2) of the Act concerning weekly rest.

The Bangladesh Employers' Association points out that in view of section 1(4) of the Act, although there appears to be no coverage of the establishments in which fewer than five workers are employed, most of the shops and establishments are self-managed and the employer-worker relationship is almost absent in such establishments; therefore, this limitation of coverage does not pose any problem of concern with regard to the coverage of the Convention.

The Committee would point out that the definitions of "establishment" (section 2(h)) and "worker" (section 2(p)) in the 1965 Act appear to be rather broad. Furthermore, the Convention covers "all persons" employed in certain establishments, irrespective of the size of the establishment, and the possible exclusion under Article 5(a) relates only to establishments in which only members of the employer's family not considered wage-earners are employed. The Committee accordingly requests that the Government indicate how effect is given to the Convention in respect of establishments where fewer than five workers are employed.

Article 8. Please include in future reports information on any exemptions or suspensions of weekly rest provisions made under section 3(1) of the 1965 Act.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 2 of the Convention. Further to its previous comments, the Committee takes note of the notifications made under section 5(2) of the 1965 Shops and Establishments Act, copies of which the Government has provided. Whilst the Committee recalls the Government's earlier indication that these notifications are made irrespective of the number of workers employed in those enterprises, it notes that they do not refer to section 1(5) of the Act: it therefore appears that, as provided in section 1(4), they only apply to establishments in which five or more workers are employed. The Committee would be grateful if the Government would indicate how it is ensured that effect is given to the Convention in respect of establishments where fewer than five workers are employed.

Article 8. Please include in future reports information on any exemptions or suspensions of weekly rest provisions made under section 3(1) of the 1965 Act.

Information provided by the Bangladesh Employers' Association has been noted.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

With reference to its previous comments the Committee notes with interest, from the Government's report, that the provision of the Shops and Establishments Act, 1965, ensuring weekly rest has been extended to 48 municipal areas of the country and applied to all shops and establishments irrespective of the number of workers employed therein. It requests the Government to supply with its next report copies of all relevant notifications.