(4) According to the Sub-Section (3), the submissable proof is
that according to the summary of death and birth registration law of 1873, or
certificate signed by the physician, or a proof of certificate acceptable to
the employer.
Section 9 (Penalty for contravention of the act by
an employer & application of fine in payment of compensation):
(1)
If any employer violates any rules of the law, and if he
convicted then he five fined Tk. Five hundred.
(2)
If any court orders
for the continuation of the orders of any appeal, revision or fine according to
this section and for the decision of the court if anything harmful happen to
the fate of woman, the court can order to pay the full amount or part of the
payments can be paid as penalty in favour of the woman.
The Industrial
Relations Ordinance Act, 1969.
Section 3: Trade Unions and Freedom of Association.
According to the ordinance of this law:
(One)
Irrespective to the
race, religion all the workers have the right to establish an association or
join in association without prior permission but within the framework of the
organization.
(Two)
Irrespective to the race, religion all the owners have the
right to establish an association or join in association without prior
permission, but within frame work of the organization.
(Three)
The rights are to be
ensured to implement the owner constitutions and rules of the association of
the owners, to arrange the elections of the representatives independently, the
activities and administration of the association to implement the agenda of the
organization.
(Four)
The
rights are to be ensure of all the workers and owners to join in federations or
confederations of the association or any other association and similarly the
owners or workers’ federation or confederation will have the rights to join in
international organizations related to the owners or workers.
Section – 10. Cancellation of registration:
(1)
The
registration of a trade Union can be cancelled according to the laws of the
section by the registrar of the trade union.
(One)
Apply
for the cancellation or to abolish the existence.
(Two)
Registration
achieved through fraud or misleading information.
(Three)
Violates
the Laws of the constitution.
(Four)
Any
dishonest labor – behavior is identified.
(Five)
Any
laws mixed in the constitution, which is not adjustable to the ordinance or
Rules.
(Six)
If
the members are less then thirty percent of the organization or organizations
were set up.
(Seven)
If
nay one fails to submit the annual report to the registrar according to the
ordinances.
(Eight)
If
any officials are recruited who is not suitable for the post according to the
section 7 A or
Clause 25 A. Meeting of the participation Committee:
(1)
To execute discussion and exchange of opinion and functions
mentioned in Section 25 the participation committee will meet together every
after Two Months.
(2)
Proceeding of the meeting of the participation committee to
be submitted to the Director of Labour or conciliator within seven days.
Clause 34. Application to labour court.
To
execute any right by any royedad pr by settlement or as per any Act,
representative or any owner or any labourer many submit application to labour
Court.
Clause 46: Illegal strike and lock out;
(1)
Strike and lock out will be illegal if –
(One)
If declare, start or continue with out issuing notice of
strike or lock out to the opponent party or not mentioning matter of strike or
lock out in the notice before strike or lock out or violating section 44.
(Two)
Except provision of clause 43, if declare related to
industrial dispute, if start of continue, Or
(Three)
If continue violating order under Clause - 32, Clause – 33,
or Clause – 45.
(Four)
If declare, start or continue regarding any during
effectiveness of any settlement or royedad.
(2)
Any declared lock out which are declared illegal and any
declared strike which is declared illegal will not be treated as illegal.
Clause 53: Penalty for unfair labour practices.
(1)
Any person violate provision of clause 15 he may be
convicted for one year or fined up to Tk. five thousand or may be penalized
both.
(2)
Any labour violate any provision of
clause 16 he may be convicted for six month or fined up to take two hundred or
may be penalized both,
(3)
Such person who is not men of trade
union or labours if violate any provision of Clause 16 may be convicted for one
year or fined up to take Two thousand or penalized both.
Clause 57: Penalty for illegal strike
or lock –out:
(1)
If any labour
start any illegal strike, continue or any other way assist he will be convicted
for six month jail or fined for Tk. Two hundred or will be penalized both.
(2)
If any owner start illegal lock out or
continue or assist in other way will be convicted for one year jail or fined
for Taka five thousand or will be penalized both and if continue this office
will be fined for Taka Two hundred daily form the first day.
Clause 58: Penalty for instigating
illegal strike and lock – out
If any person instigate or
agitate or provide finance for that purpose or assist in any other way to
illegal strike or participation in illegal lock out he will be convicted up to
six moth jail or fined for Taka one thousand or may be penalized both.
Clause 49: Penalty for taking part in
or instigating go-slow: If any person instigate or agitate or
assist other do work slowly may be convicted up to six month jail or fined up
to taka Five thousand or may be penalized both.
Explanation : In this clause “to
do slow work” means to do work slowly intently and jointly that means to
product slow than normal production but production become slow than normal
production due to technical disturbing machinery disorderness, lock or spare
parts or shortage of raw materials will not be included in this.
Clause 61 A. Penalty for
activities of unregistered trade union: If any person participated in the
activities of registered trade union or participated in such activities whose
registration is cancelled or inspire to participate or agitate to participate
or collect money except subscription for the fund will be convicted up to six
month jail or fined up to taka five thousand or penalized both.
Clause 64. Trial
of offences: Under this clause for any punishable offence, no other court will
be able to trial for such offence except labour Court or Magistrate first
class. For trail of offence under clause 53 and 62 A may not be done except
prior permission of Director of labour or any other nominated by him.
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