In the given context, where both new and old organizations in Bangladesh, whether foreign, local or multinational, are booming in the 4th Industrial Revolution, the Government is increasingly attentive of employees’ rights and employers’ obligations. The Ministry of Labour and Employment (MoLE), particularly the Department of Inspection for Factories and Establishments (DIFE), are vigilantly working to eradicate employment malpractice, carrying out strict inspections of factories, establishments and offices, giving lists of non-compliant areas and time to improve, and upon failing consistently severe steps are being taken against the organizations and its officials. The employees, now more aware, are regularly taking matters to the courts.
With this, we see an upsurge in the need for compliance check in all types of organizations be it in the commercial sector, development sector or otherwise. Legal Counsel, for the last 15 years, has been providing 360- degrees services and legal advice in relation the Bangladesh Labour Act, 2006 and the Bangladesh Labour Rules, 2015 (Labour Laws) compliance. In the backdrop of receiving significant number of requests from the clients, Legal Counsel is pleased to initiate the instant programme, namely, Labour Law Compliance Programme (LLCP).
Objectives of LLCP:
– Ensure 100% compliance with Labour Laws within the organization
– Ensure legal protection to the organization against fine, imprisonment and so on
– Ensure avoidance of unnecessary litigation and loss of reputation
– Ensure that the rights of the workers and other employees are protected while management, shareholders, Board members etc. are protected against consequences of non-compliance.
– Ensure a healthy, compliant, happy, productive organization where good governance prevails.
Services provided under the LLCP:
• Full Labour Laws compliance-check: With full legal vetting (alignment with Labour Laws) of internal HR Manual/Service Rules, of employment contracts, of various HR/employment policies, schemes, etc., drafting relevant HR/employment documents/instruments, factory/offices/outlet physical inspection and interviews for compliance-check with comprehensive report and checklist.
• Desk-based compliance-check (full): with full legal vetting (alignment with Labour Laws) of internal HR Manual/Service Rules, of employment contracts, of various HR/employment policies, schemes, etc., drafting relevant HR/employment documents/instruments (without inspection).
• Desk-based compliance-check (partial): with legal vetting (alignment with Labour Laws) of internal HR Manual/Service Rules, or employment contracts, or one or some HR/employment policies, schemes, etc., or drafting thereof
• Check-list: providing checklist of compliance customized and designed for client
• Advisory: compliance advisory services involving specific query/ies and our legal opinion on the same
• Training and Workshop: conducting customized training and workshop (4 days, 2 days, 1 day & ½ day) on Labour Laws for the organization.
Legal Counsel is committed to promoting its motto: Prevention is better than Cure.
For further details, please contact at [email protected]
A Labour Law Compliance Programme refers to a structured and comprehensive approach that organizations adopt to ensure they comply with various labor laws and regulations. Labor laws are designed to protect the rights of employees and create a fair and just working environment. Compliance with these laws is crucial for organizations to avoid legal issues, financial penalties, and damage to their reputation.
Here are key elements typically included in a Labour Law Compliance Programme:
1. **Understanding Applicable Laws:**
– Identify and understand the relevant labor laws and regulations at the local, state, and national levels. These may include laws related to minimum wage, working hours, overtime, leave policies, workplace safety, discrimination, and more.
2. **Regular Audits and Assessments:**
– Conduct regular audits to assess the organization’s compliance with labor laws. This may involve reviewing policies, procedures, and practices to ensure alignment with legal requirements.
3. **Policy Development:**
– Establish and update internal policies and procedures that align with current labor laws. This includes developing employee handbooks, contracts, and other documentation to clearly communicate rights and responsibilities.
4. **Employee Training:**
– Provide training sessions for employees and managers to educate them about their rights and obligations under labor laws. This can help in fostering a culture of compliance within the organization.
5. **Record Keeping:**
– Maintain accurate and up-to-date records related to employee hours, wages, benefits, and other relevant information. Proper record-keeping is essential for demonstrating compliance in case of audits or legal challenges.
6. **Conflict Resolution and Grievance Handling:**
– Establish a mechanism for handling conflicts and grievances in accordance with labor laws. This may involve setting up a grievance redressal committee and ensuring that disputes are resolved fairly and promptly.
7. **Health and Safety Compliance:**
– Ensure compliance with occupational health and safety regulations. This includes maintaining a safe working environment, providing necessary training, and implementing safety protocols.
8. **Monitoring Changes in Legislation:**
– Stay informed about changes in labor laws and regulations. Regularly update policies and practices to reflect any legal amendments and ensure ongoing compliance.
9. **Legal Consultation:**
– Seek legal advice or consultation when necessary to interpret complex labor laws or address specific issues. Legal experts can provide guidance on compliance and help navigate legal challenges.
10. **Documentation and Reporting:**
– Prepare and submit required reports to regulatory authorities as mandated by labor laws. This may include reports on wages, working hours, and other relevant aspects.
By implementing a Labour Law Compliance Programme, organizations aim to create a workplace that adheres to legal standards, fosters positive employee relations, and minimizes the risk of legal disputes. Regular reviews and updates to the program are essential to adapt to changing regulations and ensure ongoing compliance.
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