Escolar Documentos
Profissional Documentos
Cultura Documentos
1
SUBMITTED TO
M. Anisur Rahaman
Lecturer
Department of Management Studies
Faculty of Business Administration and Management
SUBMITTED BY
Group: 05 (liberty)
Level: 03; Semester: 01
Faculty of Business Administration and Management
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IMPLEMENTATION OF THE BANGLADESH LABOR ACT-
2006, IN CASE OF WELFARE MEASURES- A CASE STUDY
ON PRAN-RFL GROUP
LETTER OF TRANSMITTAL
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Date: 23 April, 2008
M.Anisur Rahaman
Lecturer
Department of Management Studies
Patuakhali Science and Technology University
Dear Sir,
Please call us for any further information at your convenient time and place.
Yours truly,
Group 05 (Liberty)
BBA
Level- III Semester- I
Session: 2004-2005
Patuakhali Science and Technology University
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LETTER OF AUTHORIZATION
M.Anisur Rahaman
Lecturer
Department of Management Studies
Patuakhali Science and Technology University
Dear Sir,
This is our truthful declaration that the “implementation of the Bangladesh Labor
Act-2006 in case of welfare measures” we have prepared is not a copy of any
report previously made by any group.
We also express our honest confirmation in support of the fact that the said “Term
Paper” has neither been used before to fulfill any other course related purpose nor
it will be submitted to any other person or authority in future.
Yours truly,
Group 05 (liberty)
BBA
Level-III Semester-I
Session: 2004-2005
Patuakhali Science and Technology University
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ACKNOWLEDGEMENT
During the period of surveying PRAN-RFL group and preparing the report, we had
gained altruistic assistance from a number of persons including our honorable and
respectable course teacher M. Anisur Rahaman, lecturer, Department of
Management Studies, Faculty of Business Administration and Management.
We are thankful to the respective personnel specially M. Rafiq Uddin Khan of this
organization because they showed their highest degree f temperament in answering
our relentless questions. Such if their friendly cooperation and kindness did not
even allow us to strive for a single moment for.
Last of all, thanks to every members of this group. They put their spontaneous
endeavors and best effort to complete the report successfully.
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TABLE OF CONTENTS
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Contents Page no.
Letter of transmittal iii
Letter of authorization iv
Acknowledgement v
Executive summary vii
CHAPTER: 1 Introduction
1.1 Scope and objectives of the report 01
1.2 Methodology of the study 01
1.3 Limitation of the study 02
CHAPTER: 2 Law Regarding Welfare Measures
2.1 First-Aid Appliances 04-06
2.2 Maintenance of Safety Record Book 06
2.3 Washing Facilities 06
2.4 Canteens 07
2.5 Shelters or Rest Room and Launch Room 07
2.6 Rooms for Children 08
2.7 Introduction to Compulsory Group Insurance 08
2.8 Maternity Welfare Facilities 09-13
CHAPTER:3 Overview and implementation of law in PRAN-RFL group
3.1 Over view of PRAN- RFL group 14
3.2 Analysis part 15-17
CHAPTER: 4
4.1 Findings 18
CHAPTER: 5
5.1 Recommendation 19
5.2 Conclusion 20
5.4 Bibliography 21
EXECUTIVE SUMMERY
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This report is an assigned job as partial fulfillment of course requirement by
honorable course teacher M. Anisur Rahaman, Lecturer, Department of
Management Studies, Faculty of Business Administration and Management,
Patuakhali Science and Technology University, Dumki, Patuakhali. The view of
this report is to find out the implementation of the Bangladesh labor act-2006 in
case of welfare measures through out PRAN-RFL group.
INTRODUCTION
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SCOPE AND OBJECTIVE OF THE REPORT
So, identify objectives is very much important. Our purpose of preparing the repot
is:
• Step-2: We went to the PRAN-RFL group with group and meet with the
managers and other employees.
• Step-3: Then we collect various (primary and secondary) data from the
manager about the “implementation of the Bangladesh Labor Act-2006 in
case of welfare measures”
• Step-4: Process the data through taking helpful hinds from our course
teacher M. Anisur Rahaman.
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LIMITATION OF THE STUDY
It was not so easy to us prepare such type of report as the following reasons was
existed.
• This report is based on the Bangladesh Labor Act, 2006 in case of welfare
measures. We don’t have sufficient knowledge about Business and
Industrial Law.
Although we face some limitation, we were trying our best to overcome these
complexities and provide information as far as possible.
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LAW REGARDING BANGLADESH LABOR ACT, 2006 IN
CASE OF
WELFARE MEASURES
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LAW REGARDING WELFARE MEASURES
The purpose of welfare facilities is to build up from the bottom, to control work for
people so as to enable them to give their best and to train them to understand their
obligation and responsibilities. The Factories Act, 1965, the Plantation Labors
Ordinance, 1963, the Mines Act, 1923, the Dock Labors Act, 1934 dealt with the
problem of welfare of the industrial workers in the environment of factories,
plantation and mines before the legislation of the Bangladesh Labor Act, 2006.
Information relating to certain welfare facilities, such as canteen, crèches and rest-
shelters for industrial workers, is gradually becoming available, at any rate, in
respect of factory workers, as the use of new forms prescribed under the
Bangladesh Labor Act, 2006 is being enforced. This Act ensures all welfare
facilities including first-aid appliance, washing facilities, canteen facilities, shelter
or rest rooms and suitable launce room facilities, rooms for children, recreational
and educational facilities and house building facilities for daily necessities in tea
estate, medical care for newspaper employees and compulsory group insurance.
• FIRST-AID APPLIANCES
Section 89 of the Act ensures for provision of medical facilities for the workers.
The section clearly lays down that—
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5) In every establishment wherein three hundred or more workers are
employed, there shall be provided and maintained and ambulance room or
dispensary of the prescribed size containing the prescribed equipment or
similar facilities, in the charge of such medical and nursing staff as may be
prescribed.
The first-aid boxes or cup-board shall be distinctively marked with a red cross on a
white ground and shall contain the following equipment—
• For factories employing more than fifty persons, such first-aid box or
cup-board shall contain the following equipment-
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i) 24 small sterilized dressings
ii) 12 medium size sterilized dressings,
iii) 12 large size sterilized dressings,
iv) 12large size sterilized burn dressings
v) 12 (½ oz.)packets of sterilized cotton wool,
vi) Tourniquet,
vii) 1 (4 oz.)bottle containing a 2percent alcoholic solution of iodine,
viii) One pair of scissors,
ix) 1(4 oz.) bottle containing rectified spirit,
x) One copy of first-aid leaflet,
xi) 12 ( 4 inch wide) roller bandages,
xii) 12 ( 2 inch wide) roller bandages,
xiii) 2 rolls of adhesive plaster,
xiv) 6 triangular bandages,
xv) 2 packets of safety bandages,
xvi) 2 packets of safety pins,
xvii) A supply of suitable splints, and
xviii) Analgesic tablets, ointment for burns and suitable surgical antiseptic
solutions
Section 90 of the Bangladesh Labor Act provides that a compulsory safety record
book and safety board as prescribed by rules shall be provided and maintained
where more than 25 workers works in every establishment. To maintain Safety
Record Book is the new provision for the management of welfare facilities.
• WASHING FACILITIES
The Bangladesh Labor Act, 2006 has mentioned regulation regarding enough
washing facilities.
According to section 91(i) in every establishment-s
a) Adequate and suitable facilities for washing and bathing shall be provided
and maintained for the use of the workers therein.
b) Separate and adequately screened facilities shall be provided for the use of
male and female workers; and
c) Such facilities shall be conveniently accessible and shall be kept clean.
(ii) The Government may, in respect of any establishment, prescribe standards of
adequate and suitable facilities for washing.
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• CANTEENS
Provided that any canteen maintained in accordance with the provisions of section
92 shall be regarded as part of the requirements of this sub-section.
Provided further that where lunch room exists, no workers shall eat any food in the
work room.
(2) The shelters, rest rooms or lunch rooms provided under subsection (1) shall be
sufficiently lighted and ventilated and shall be maintained in a cool and clean
condition.
(3) In every establishment wherein more than 25 women workers are employed,
separate rest rooms shall be provided for male and female workers and where less
than 25 female workers work, the portion of the rest room for female workers shall
be separated by a curtain.
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• ROOMS FOR CHILDREN
(i) In every establishment, wherein more than forty women workers are
ordinarily employed, there shall be provided and maintained a suitable
room or rooms for the use of children under the age of six years of such
women.
(ii) Such rooms shall provide adequate accommodation, be adequately
lighted and ventilated and maintained in a clean and sanitary condition,
and shall be under the charge of women trained or experienced in the
care of children and infants.
(iii) Such rooms shall be conveniently accessible to the mothers of the
children accommodation therein and so far as is reasonably practicable it
shall not be situated in close proximity to any part of the factory where
obnoxious fumes, dust or odious are given off or in which excessively
noisy processes are carried on.
(iv) Such rooms shall be soundly constructed and all the walls and roof
shall be of suitable heat resisting materials and shall be water proof.
(v) The height of such rooms shall not be less than 300 centimeter
from the floor to the lowest part of the roof and there shall be not less
then 600 centimeter of floor area for each child to be accommodated.
(vi) Effective and suitable provisions shall be made in every part of
such rooms for securing and maintaining adequate ventilation by the
circulation of fresh air.
(vii) Such rooms shall be adequately furnished and quipped and in
particular there shall be one suitable cot or cradle with the necessary
bedding for each child, at least one chair or equivalent seating
accommodation for the use of each mother while she is feeding or
attending to her child and a sufficient supply of suitable toys for the
older children.
(viii)A suitable fenced and shady open air play-ground shall be provided
for the older children.
Section 99 of Labor Act ensures that the Government shall by rules introduce
provision of group insurance for those establishments where at least 200 workers
work.
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• MATERNITY WELFARE FACILITIES
Before enactment of the Bangladesh Labor Act, 2006, the Maternity Benefit Act,
1934, the Mines Maternity Benefit Act, 1941 and the Maternity Benefit (Tea
Estate) Act, 1950 dealt with the employment of women in certain establishment
for a certain period before and after childbirth and provides for maternity and other
benefits. The Act applies to mines, factories, circus, industry, plantation, shops and
establishments employing five or more persons. Employers are also mandated to
provide maternity benefits to the employee who has completed at least six months
of service with the employer by the date of confinement. Every pregnant labor has
been provided progenitor welfare facilities before and after eight weeks from the
date of confinement. The benefit consists of a payment depending on current
wages for eight weeks before and eight weeks after the birth of the child.
Employers are also prohibited to force any progenitor engaging in any work after
the date of confinement. Employers are also prohibited to discharge, dismiss, and
terminate any progenitor labor before six months by the date of confinement and
after eight weeks by the date of confinement. If the woman dies on the day of
confinement and within 8 weeks on the day of confinement, maternity benefits are
to be paid to the person who takes care of the child. If both the woman and the
child die, the benefit is to be paid to the person she nominated, or if no such
nomination has been made, to her legal successors.
Every woman shall be entitled to, and her employer shall be liable for, the payment
of maternity benefit, which is the amount payable to her at the rate of the average
daily wage for the period of her actual absence.
The employment of women in certain cases has been restricted by section 87 of the
Bangladesh Labor Act. Section 45 of the Bangladesh Labor Act, 2006 prohibits
workings any establishment and employer shall not knowingly employ a woman
during the eight weeks immediately following the day of her delivery in any
establishment.
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1) The employer may not employ a woman during the eight weeks
immediately following the day of her delivery.
2) No woman shall work during the eight weeks immediately following day of
her delivery.
3) No employer shall employ a woman for any difficult work, or for which the
woman workers has to work by keeping herself standing for a long time, or
for any work which is harmful to her if—
He has reason to believe or if she has informed him that she is likely to
deliver a child within ten weeks.
She has to the knowledge of the employer delivered a child within the
preceding ten weeks.
Provided that in the case of a tea plantation worker she may under take light work
in the plantation for so long as the medical practitioner of tea plantation certifies
that she is physically fit to do so and for the days that she does such work, she
shall be paid at the prevailing rate of pay for such work, and such pay shall be paid
to her in addition to the maternity benefit.
The Bangladesh Labor Act also Prohibits for employment of woman in certain
cases by the section 39, 40, and 42. Section 39 of the Act prohibits the
employment of woman in following—
Section 40 of the Bangladesh Labor Act does not allow for employment of woman
on dangerous machine. Power presses other than hydraulic presses, milling
machines used in the metal trades, guillotine machine; circular saws and plate
printing machines are treated as dangerous machines.
Section 42 of the present Labor Act also prohibits for employment to work of
woman in underground or under water. No adolescence male and adolescence
female shall be employed in any establishment to lift, carry or move by hand or on
head, unaided by another person, any material article, tool or appliance exceeding
50 lbs and 40 lbs respectively in weight.
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RIGHT TO AND LIABILITY FOR PAYMENT OF
MATERNITY BENEFIT
To get the maternity benefit is a right of the women workers in any establishment
under the Bangladesh Labor Act, 2006 and payments of maternity benefit under
this Act are made by the employers. Legislation concerning the payment of
maternity benefits, before and after confinement, was in operation in any
establishment in Bangladesh. Section 46 if the Bangladesh Labor Act states that—
Provided that a woman shall not be entitled to such maternity benefit unless se has
worked with the employer for not less than six months immediately preceding the
tentative date of her delivery
(1) Any pregnant woman who is entitled to maternity benefit under this Act
may on any day give notice either orally in person or in writing to the
employer that she expects to deliver a child with eight weeks of the notice
and such notice shall include the name of the nominee of the benefits in
case she dies during delivery.
(2) If no such notice is given by the woman and she has delivered a child, she
shall, within seven days of the delivery, give notice to the employer that she
has given birth to a child.
(3) When such notice under sub-section (1) or (2) is received by the employer,
he shall permit the woman to be absent herself from work for eight weeks
a). from the day following the date of notice under subsection (1);
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b). from the day of delivery in the case of notice under subsection (2)
(4) An employer shall pay maternity benefit to a woman entitled thereto in such
one of the following ways as the woman desires, namely—
Provided that a woman shall not be entitled to any maternity benefit or any part
thereof, the payment of which is dependent upon the production if proof under this
sub-section that she has given birth to a child, unless such Proof is produced within
three months of the day of delivery.
(5) The proof is required to be produced under sub-section (4) shall be either a
certified extract from a birth register under the Birth and Deaths
Registration Act 2004 (Act no. 29 of 2004) or certified from a registered
practitioner or any other proof acceptable to the employer.
(1) The maternity benefit which is payable under this Act shall be payable at
the rate of daily, weekly or monthly average wages as the case may be,
shall be calculated in the manner laid down in sub-section (2); and shall be
made wholly in cash.
(2) For the purpose of sub-section (1) the daily, weekly or monthly average
wages, as the case may be, calculated by dividing the total wages earned by
the women during the three months immediately proceeding the date on
which she gives notice under this Act by the number of days she actually
worked during the period.
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• PAYMENT OF MATERNITY BENEFIT IN CASE OF THE DEATH OF A
WOMAN
(1) If a woman entitled to maternity benefit under this Act dies on the day of
her delivery or during the period of eight weeks thereafter in respect of
which she is entitled to the maternity benefit, the liability of the employer
under this Act shall not, by reason of her death, be discharged, and he shall
pay the amount maternity benefit due, if the newly born child survives her,
to the person who undertakes the care of the child and, if the child does not
survive her, the person nominated by her under this Act, if there is no
nominated person, to her legal representative.
(2) If a woman dies during the period in respect of which she is entitled to
maternity benefit, but before giving birth t a child, the employer shall be
liable to pay maternity benefit of the period which she was entitled up to the
date of her death but if the benefit already given is more than the amount
she is entitled to, yet such additional amount cannot be taken back and any
amount due at the death of the woman shall be paid to the person nominated
by her under this Act, or if she has made no such nomination t her legal
representative.
Section 50 of the Bangladesh Labor Act, states that— if the employer gives notice
or order of dismissal, discharge, or removal to a woman without sufficient cause
within a period of six months before her delivery and eight weeks after delivery,
she will not be deprived of the maternity benefit to which but for such notice she
may have become entitled under this Act.
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Based on this Law we have chosen or observed a particular organization named
PRAN-RFL group, Dhaka Bangladesh.
“Poverty and hunger are curses”- mission of PRAN-RFL group. So their aim is “to
generate employment and earn dignity and self respect for our competitors”
through profitable enterprises.
For the achievement of this mission and aim the most recognized PRAN-RFL
group was established and started manufacturing in 1982.
PRAN means,
• P- Program for
• R- Rural
• Advancement
• N- Nationality
RFL means,
• R- Rangpur
• F- Foundry
• L- Limited
(It is a water pump and plastic pipe industry)
From the time being it has now 17 associated companies and they are beverage,
property, agro based, tube wells, plastic pipes, etc. these associated industries are
in—
Natore
Rangpur
Ghorashal and
Dhaka
It has already been obtained the ISO certificate. Their ISO mark is ISO-9001 and it
was obtained after the three years of their manufacturing.
Major General (Ret) Amzad Khan Chowdhry people of Natore, was the founder
and the managing director of PRAN-RFL group. His son Mr. Ahsan Khan
Chowdhury is the deputy managing director of this group.
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PRAN-RFL group is now one of the greatest and significant and most successful
company in Bangladesh. They are now challenging the other multinational
companies. They are now sending their products to abroad by ensuring their
quality. Their export products such as rice, dal, mango bar, juice, mineral water,
chatni, tea, white vinegar etc. They are a raising and developing company in
Bangladesh. They may be and ideal for infant industries of our country.
ANALYSIS PART
From the law we have come to know that, during the working hours there must be
first aid boxes or almirahs with prescribed contents. And we observed that, in
every factory of PRAN-RFL group, there is a health care center. This health care
center provides medical facilities for the workers. If the workers face any minor
accident, this health care center provides first aid facilities. They have a contract
with “IBNA SINA” where they provide higher medical facilities for the workers of
the factory.
According to the law for three hundred and more workers there shall be provided
and maintained an ambulance room. In PRAN-RFL group they don’t have this
separate room or individual ambulance facility. But the supervisor and the duty
doctor are responsible for this facility.
According to law every organization consist of more than 25 workers must have to
maintain a safety record book. PRAN-RFL group maintain the safety and record
book where they write all the daily information’s. To maintain this book they have
a maintainer who is responsible for this. This book also contain the entry and exist
time of each and every employee with their signature, so that in any time they can
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figure out the total employees with their position. It is both helpful for the officers
and the mid and lower level employees.
For every machinery they keep log book. This book is also maintained by a
diploma engineer of mechanical. This book is also contain the date of purchase and
expected working life. It helps them in charging depreciation and gets the salvage
value.
• WASHING FACILITIES
• CANTEENS
Law says that if the quantity of employees exceed hundred than there should
adequate canteen which is well furnished and with essential furniture. This canteen
should be maintained by a managing committee. The managing committee should
supply the hygienic foods. In PRAN-RFL group there are canteens in every
factory. They don’t have any managing committee. They just give lease to the
outside people but the leasee is liable to follow the rules and regulation of the
company.
There are launch room for the workers where they can took there meal. There is a
rule, those factories which have launch room the workers are bound to take their
launch in the launch room and no workers can eat any food in the working room.
But in those factories, if there is not any launch room, the canteen is used as a
launch room. There is no separate launch room for the male and female workers.
There is not any rest room for the workers; the workers use the canteen as a rest
room.
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From the law we have come to know that, if there are 25 or more than 25 women
workers than there should be maintained rules for children, where the children of
under 6 years will be cared.
But in PRAN-RFL group has no such kind of rooms for children. The workers are
not allowed to bring their children with them in the factory. So there is no question
of have a room for children. But it is in there plan to establish rooms for children
in the future.
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FINDINGS
1. They provide the medical care center for the workers in every factory, which
contains one doctor and supervisor. Their medical care center doesn’t supply any
drug for the employees.
2. They keep safety and record book as well as log book for machinery.
3. They provide a well structure and well furnished canteen. They do not have any
managing committee regarding the canteen. There is also lack of supervise the
canteen. For this reason, sometimes the employees supper for lack of hygienic
food.
4. They have adequate washing facilities in the factories, which are in the Dhaka
city. But the factories which are not in the city of Dhaka don’t have enough
washing facility for the workers.
5. Some of their factories have launch room but some of the factories have no
launch room. Where there is no any launch room the canteen room is used as a
launch room.
6. They have not any kind of rest room in any factory. So, that the employees use
the canteen as a rest room. Under this circumstances, the canteen sometime turn
into a very crowded place.
7. They do not provide any kind of room for the workers children and it is
restricted to bring the children in the factory.
8. They provide three months maternity leave for each and every women
employee. Moreover, with in this period they give the salary of the employee by
cheque.
9. There is no other benefit for the women workers in the time of delivery and after
the time of delivery.
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CONCLUSION
This modern world is running smoothly with the help of following some rules in
every sector. As like other sector, business sector is very much important to run
smoothly. That is why the Labor and Business Act emerged. And, Bangladesh also
updated its Labor Act in 2006. With the help of this Act and with the direct
supervision of the Act each and every industry should run. Otherwise, they will
fail in the competition as well as they will loose their legal entity. On the other
hand, this era is the time of complex competition. Every organization tries to used
the competitive advantage. So, it is not good for any organization to give his
competitive advantage to others. For this reason, our observed organization
PRAN-RFL groups always try to maintain the Labor Act 2006. If every
organization strictly follow rules and regulation of Labor Act then it will helpful
for the people to get greater benefit. If they have so then they will give their
highest productivity that will increase the whole productivity of the organization,
which will increase the national growth of the country. So, for our own interest and
development we must try to maintain the Labor Act as proper as possible.
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RECOMMENDATION
From the above discussion, we have come to know that PRAN-RFL group always
tries to follow the Bangladesh Labor Act, 2006. But not in every sector they are
succeed. There is some short comings. They have to try to minimize it. They are as
follows—
1. In first-aid appliances, they have to try to supply some medicines for the
employees so that the employees can have it easily in the time of
emergency.
2. The factories, which are located out side of Dhaka city, do not have enough
facilities for washing. They should try to provide the washing facilities
towards the factory, which are not in the Dhaka city.
3. They do not have any managing committee for the canteen. They should try
to build up a managing committee for the canteen.
4. They don’t have any separate launch room in several factories. They should
try to build up launch rooms in each and every factory.
5. There is no separate entity of rest room in PRAN-RFL group. They should
build up this concept for the welfare of the employees.
6. In this modern time, more and more female workers are coming to the
work. So, they must try to build rooms for children.
7. Their maternity facility is not enough for the women employees. They
should try to give some additional benefit in the time of delivery to the
women employees.
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BIBLIOGRAPHY
1. Ahmed Dr. Zulfiquar; A text book of Bangladesh Labor Act, 2006, 1st edition,
Shams Publications.
2. Sen Arun Kumar & Mitra Jitendra Kumar; Commercial Law and Industrial Law,
26th edition, The world press private limited, Kolkata.
th
3. Bagrial Ashok K.; Company Law, 10 edition, Vikas Publishing house private
limited.
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