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Power to Exempt under Section 324 of the Bangladesh Labor Act 2006 allows the government to grant exemptions from specific provisions of the law under special circumstances. |
Power to Exempt under Section 324 of the Bangladesh Labor Act, 2006:
According to Section 324 of the Bangladesh Labor Act, 2006, the Government may grant exemptions from certain provisions of the Act under specific circumstances.
(1) Government’s Authority to Grant Exemptions
The Government may, through a notification published in the official Gazette, exempt—subject to any conditions or restrictions specified in the notification—any employer or class of employers, any establishment or class of establishments, any part of an establishment, or any worker or class of workers from the application or compliance with the provisions of Chapters II, V, VI, VII, VIII, IX, or XVIII, or any sections within those chapters.
Additionally, the Government may also grant exemptions from Sections 325, 326, 337, or 338 under Chapter XXI of the Act.
(2) Duration and Purpose of the Exemption
Any exemption granted under subsection (1) must be issued in the public or national interest. Such an exemption cannot remain in force for more than six (6) months at a time, although it may be reviewed or renewed if necessary.
(3) Power of the Chief Inspector
The Chief Inspector may also issue a notification in the official Gazette to temporarily suspend the operation of certain provisions of the Act. This authority applies specifically to Sections 100, 101, 102, 103, 105, and 114.
Such suspension may be granted for special occasions such as festivals, fairs, or exhibitions, for a specified period and subject to conditions mentioned in the notification.
Free Asked Questions(FAQs):
1.What is the power to exempt under Section 324 of the Bangladesh Labor Act 2006?
Section 324 of the Bangladesh Labor Act 2006 authorizes the government to exempt any establishment, industry, or class of workers from certain provisions of the Act by official notification.
2.Who can grant exemptions under Section 324 of the Labor Act?
Only the Government of Bangladesh has the authority to grant exemptions under Section 324, and these exemptions must be issued through an official gazette notification.
3.Why is the power to exempt included in the Bangladesh Labor Act 2006?
The power to exempt provides flexibility in implementing labor laws. It allows the government to address special situations, industry needs, or economic conditions where strict application of the law may not be practical.
4.Can the government exempt all provisions of the Labor Act under Section 324?
No. The government may exempt specific provisions or apply conditions to the exemption depending on the situation and the terms mentioned in the official notification.
5.Is an exemption under Section 324 permanent?
Not always. Exemptions can be temporary, conditional, or limited to specific sectors. The government may modify or withdraw them if necessary.
6.How are exemptions under Section 324 officially announced?
Exemptions are officially announced through a government gazette notification, which ensures transparency and informs employers, employees, and authorities.