Sections 150 and 151

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Compensation

Sections 150 and 151 determine the employers’ liability for compensation in the event of a work-related injury, as well as the amount of compensation to be paid to the worker.

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Section 150. Employer’s Liability for compensation:
(1) If personal injury is caused to a worker by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this chapter.
(2) The employer shall not be liable to pay compensation-
(a) in respect of any injury which does not result in the total or partial disablement of the worker for a period exceeding three days;
(b) in respect of any injury, not resulting in death, caused by an accident which indirectly attributable to-
(i) the worker having been at the time thereof under the influence of drink or drugs, or
(ii) the wilful disobedience of the worker to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of worker, or
(iii) the wilful removal or disregard by the worker of any safety guard or other device which he knew to have been provided for the purpose of securing the safety or worker.
(3) If-
(a) worker employed in any employment specified in part-A of the third Schedule, attacked with any disease specified therein as an occupational disease peculiar to that of employment, or
(b) a worker, whilst in the service of an employer in whose service he has been employed for a continuous period of not less than six months in any employment specified in part- B of the Third schedule, contracts any disease specified therein as an occupational disease peculiar to that employment, the contracting of the disease shall be deemed to be an injury by accident within the meaning of this section, and, unless the employer proves the contrary, the accident shall be deemed to have arisen out of and in the course of the employment.
Section 151. Amount of compensation:
(1) Subject to the provisions of this chapter the amount of compensation shall be as follows, namely:
(a) where death results from the injury, a worker in receipt of monthly wages falling within limits shown in the third column of the Fifth Schedule the amount shown against such limit thereof;
(b) where permanent total disablement results from the injury-
(i) in the case of an adult limits shown in Fifth Schedule the amount shown against such limits in the third column thereof; and
(ii) in the case of a minor- taka ten thousand;
(c) where permanent partial disablement results from the injury-
(i) in the case of an injury specified in the first schedule, such percentage of the compensation which would have been payable in the case of permanent total disablement’s as is specified therein as being the percentage of the loss of earning capacity caused by that injury;
(ii) in the case of an injury not specified in the first schedule, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity permanently caused by the injury; and
(d) where temporary disablement, whether total or partial, results from the injury, a monthly payment payable on the first day of the month following the month in which it is due after the expiry of a waiting period of four days disablement or during a period as specified in the last column of the fifth schedule; whichever period is shorter.
(2) Where more injuries than one are caused by the same accident, the amount of compensation payable under sub-section (1), (c) shall be aggregated but not so in any case as to exceed the amount which would have been payable if permanent total disablement had resulted from the injuries.
(3) On the ceasing of the disablement before the date on which any monthly payment falls due, there shall be payable in respect of that month a sum proportionate to the duration of the disablement in that month.

Law / 11 October 2006 / Bangladesh / Labour Act 2006

The Bangladesh Labour Act of 2006 combined and amended a number of laws relating to the employment of workers, minimum wages, compensation for work-related injuries, the formation of trade unions, health and safety, the welfare and working environment of employees, and other related issues. The Act also provides for compensation to workers for injuries sustained in the workplace. The Act applies to both permanent workers and workers employed through a contractor. Under the Act, a contractor who employs workers is treated as an employer and is liable for any violations of the provisions of the law.