Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the comments of the Bangladesh Employers' Association.

Article 2 of the Convention. In its previous comment, the Committee noted that it appeared that, under section 1(4) of the 1965 Shops and Establishments Act, only establishments in which five or more workers are employed were covered by the notifications made under section 5(2) of the Act concerning weekly rest.

The Bangladesh Employers' Association points out that in view of section 1(4) of the Act, although there appears to be no coverage of the establishments in which fewer than five workers are employed, most of the shops and establishments are self-managed and the employer-worker relationship is almost absent in such establishments; therefore, this limitation of coverage does not pose any problem of concern with regard to the coverage of the Convention.

The Committee would point out that the definitions of "establishment" (section 2(h)) and "worker" (section 2(p)) in the 1965 Act appear to be rather broad. Furthermore, the Convention covers "all persons" employed in certain establishments, irrespective of the size of the establishment, and the possible exclusion under Article 5(a) relates only to establishments in which only members of the employer's family not considered wage-earners are employed. The Committee accordingly requests that the Government indicate how effect is given to the Convention in respect of establishments where fewer than five workers are employed.

Article 8. Please include in future reports information on any exemptions or suspensions of weekly rest provisions made under section 3(1) of the 1965 Act.