INDUSTRIAL LABOUR AND GENERAL LAWS: CONSTRUCTION PROJECT IN BANGLADESH
To ensure the industrial labour laws for employee of construction industry should follow the general laws as, the Service Provider must include for the provision of all necessary supervisory skilled and unskilled labour for erecting, testing and commissioning the works, together with all necessary transport, accommodation where required and other services to support his supervisory and labour force to meet the specified work completion. A staff tree of the Service Provider’s site organization for carrying out the agreed work should be set out in the schedules. The Service Providers forecast site staffing levels are to be submitted in a bar chart showing the duration of stay of each member. This bar chart will not form any limiting factor on the quantities of staff to be provided.
The Agreement Terms and Condition between Employer and Service Provider found in a sample case-study on construction industry as below:
The Employer will not provide any housing accommodation for the Service Provider’s expatriate staff and the cost of these should be deemed to be included in the contract sum.
The Service Provider should negotiate for and make payment for the lease of land for his site operation to include offices and equipment storage.
The Service Provider is to provide such temporary building as may be necessary for office accommodation for his site staff and the Engineer’s representative or representatives of the employer during the erection of the works.
All Service Providers' employees should comply with the appropriate International Health Regulations and any local health regulations which may apply from time to time in Bangladesh.
The Service Provider and all persons employed by him on the site in or about the execution of the works should conform in all respects with the provisions of all acts and orders, and regulations made by competent authority that should be applicable to the works or any temporary works and will be binding upon the service provider or persons employed as aforesaid and in particular, but without prejudice to the generality of the foregoing such matters as concerns the safety, health or welfare of persons working on the site. And the Engineer may require the immediate removal from site of any person who in the opinion of the Engineer fails properly to observe the provisions of this Clause and such person should not be employed again in the works without the permission of the Engineer.
The provision of this Clause should apply to and be binding upon any sub-Service Provider employed by the Service Provider for any part of the works on the site and the persons employed by such sub-service provider and the service provider should secure that proper and adequate provisions to this end are included in the sub-contract.
The Service Provider should provide each of his employees and his sub-service provider’s employees with a suitable badge bearing the name or initials of the service provider. Each employee should wear his badge upon his person while at work on the site in such a manner that it will be plainly visible as a means of identification. All vehicles used by the service provider or his sub-service provider on the work should be clearly marked with the service provider’s or sub-service provider’s business name. The service provider’s camps, storage, depots and other facilities should also be clearly identified.
The Service Provider should employ only persons who are competent to perform the work assigned to them and in the case of skilled laborers, only those who are adequately trained and experienced in their respective trades and who do satisfactory work.
Whenever the Employer notify the Service Provider that any person on the work is, in his opinion, incompetent, unfaithful, or disorderly, or who uses threatening or abusive language to any person representing the Engineer or Employer, such person should be immediately discharged from the work and should not be re-employed thereon except with the consent of the Employer.
Particular attention is drawn to the fact that entry into Bangladesh is the subject of restriction. All new entrants are currently required to be in possession of visas and entry permits. However entry requirements may change from time to time and the Service Provider should be obliged to check and ensure that all his expatriate staff complies with these requirements.
It is considered important to encourage and develop the skill of Bangladesh Service Providers and to help to achieve this development of local expertise the Service Provider should place sub-contracts for erection work, cable installation and termination with approved Bangladesh Service Providers.
A list of approved local Service Providers can be obtained from Dhaka Power Distribution Company (DPDC) Ltd, Dhaka Electric Supply Company (DESCO) Ltd, and Bangladesh Power Development Board (BPDB). The Service Provider should provide the minimum number of expatriate Engineers and skilled workers as may be deemed necessary to ensure satisfactory and timely completion of the works in accordance with the Master Program.