factory owners have been pressing the existing labour force to accept old wages.37 Again the
liability for compensation in respect of death and fatal accidents goes to employers in accordance
with section 150 and the fixed amount of compensation to be paid by the employer under section
151. Workplace death to the dependents of a deceased worker is BDT 1, 00,000 and in case of
permanent disablement due to workplace injury the amount of compensation provided will be
BDT 1, 25,000. On the other hand, in case of suffering of temporary disablement up to one year
or less the amount of compensation payable will be full salary for the first two months, two third
salaries for the next two months and for the remaining months it will be half monthly salary.
Even in case of notice of an accident by a worker it is the duty of the employer to examine the
worker as the cost of owner within three days as per section 160 but this is rhetoric.
In case of workplace accidents that result in deaths of workers and permanent disability, these
issues may be taken into account in computing the amount of compensation such as insurance
claim, retirement benefits, gratuity, cost of living for his/her dependent/s, arranging for
employment of one of the dependents of the deceased at an establishment suitable to his/her
qualifications and medical costs. The criteria enumerated above are based on the judgment of the
Hon’ble High Court Division, Supreme Court of Bangladesh in Bangladesh Beverage Industries
Ltd v. Rowshon Akhter38 in which the Court awarded Taka two crores as compensation to the
dependents of a journalist killed in a road traffic accident in 1989.
Chapter 12 of the BLA 2006 sets out that an 'employer' is liable to pay compensation to an
injured worker or, following a death, to the dependents. Here the duty to pay compensation
should be placed on 'occupier' instead of 'employer'. The BLA also sets out that the employer
must deposit Tk 1 lakh to the labour court for a deceased worker as compensation while Tk 1.25
lakh for 'permanent total disability' of a worker. The Tk 1 lakh is too small for the dependent
family. So, it should be Tk 2.5 lakh. In relation to the serious permanent injury the sum should be
Tk 3 lakh. It is true that the law had introduced some significant aspects like retirement benefit,
death benefit, appointment letter, enhancement of compensation amounts both for death and
permanent disability, introduction of provident fund for workers, punishment for sexual
37
New Wage for Garment Workers Lack of Implementation Inexcusable, The Daily Star, February 5, 2014, see link
http://www.thedailystar.net/new-wage-for-garment-workers-9947, accessed on May 28, 2014.
38
62 DLR (2010) 483