Law Reference for Auditor

SECTION	NON – CONFORMITY relating with ICS Code
1. Child Labour: 1.2	In accordance with ICS Code  1.2: An employment policy implemented to prevent child labour.
1.3 and 1.4	In accordance with ICS Code  1.3 and 1.4: the age of young workers checked. And documents indicating the age kept on record.
1.5	In accordance with section 37 – 41 of the Bangladesh Labor Law, 2006: The working instruction for the young workers are: Light works, 5 hours work, overtime and night work not allowed, no hazardous work and fitness certificate should be kept for young workers.
3. Discrimination 4. Disciplinary Practice and 5. Freedom of Association 3.7, 4.4, 5.3	In accordance with ICS Code 3.7, 4.4 and 5.3: Employees have free access + are familiar to file complaints. Employees have access + are familiar to file complaints on disciplinary issues. In accordance with section 205 & 206 of the Bangladesh Labor Law, 2006: Where more than 50 workers are employed, there shall be a participatory committee with equal number of workers and management’s representatives. The main task of the committee is to develop a good working environment in the factory and a good relationship between management and workers.
4.1	In accordance with ICS Code 4.1: The audit highlights use of corporal punishment, mental or physical coercion. Specify details of critical violation.
4.3	In accordance with ICS Code 4.3: Access to toilets + other facilities is never restricted as disciplinary measures.
6. Working Hour 6.1 + 6.8	In accordance with section 100 of the Bangladesh Labor Law, 2006: No adult worker shall be allowed to work in a factory for more than 8 hours a day and 48 hours in a week.
6.2, 6.9, 6.10	In accordance with section 100 and 102 of the Bangladesh Labor Law, 2006: No adult worker shall be allowed to work in a factory for more than 8 hours a day and 48 hours in a week. Provided that the total hours of work of an adult worker shall not exceed 60 hours in any week and on the average 56 hours per week in any year.
6.7	In accordance with section 104 of the Bangladesh Labor Law, 2006: Depending upon the circumstances the factory shall provide as soon as possible a substitute holiday for work on any weekly holiday (Friday) to the workers.
6.3 + 6.4	In accordance with section 70(3) of Factories Rules- 1979: Period of overtime work shall be entered in overtime slips, in duplicate, a copy of which duly signed by the Manager of the factory or by a person duly authorised by him shall be given to the workers immediately after completion of the overtime work.
6.6	In accordance with section 101 of the Bangladesh Labor Law, 2006: No adult worker  in a factory shall  be liable to work either, for more than six hours in any one day unless he/she has been provided 1 hour interval, more than 5 hours unless provided half an hour interval or more than 8 hours unless provided an interval of 1 hour or 2 intervals of half an hour.
	In accordance with section 109 of the Bangladesh Labor Law, 2006: No women shall be allowed to work in a factory between 10 p.m. and 6 a.m.
7.Remuneration and benefits Section 7.1	In accordance with Bangladesh Govt. Gazette Notification October, 22, 2006:  As per Government Gazette Notification October, 22, 2006 workers-minimum wage rate is fixed at Tk.1662/= per month.
7. Wages & Benefit 7.2	In accordance with section 108 of the Bangladesh Labor Law, 2006: Where a worker works in a factory for more than 8 hours in a day or more than 48 hours in a week, he shall in respect of overtime work, be entitled to allowance at the rate of twice his ordinary rate of his wages.
7.3	In accordance with section 05 of the Bangladesh Labor Law, 2006: No employer shall employ any worker without providing him / her appointment letter.
	In accordance with section 06 of the Bangladesh Labor Law, 2006: Every employer shall arrange a service book for each employee by his own cost.
7.4	In accordance with section 108 of the Bangladesh Labor Law, 2006: If any worker works overtime other than his regular working hour in any day or week then he should get @ of twice of his basic wages for his OT work.
7.5	In accordance with section 94 of the Bangladesh Labor Law, 2006: Factory shall arrange a Child Care Room for children below 6 years where 40 or more than 40 female workers are working.
7.6	In accordance with section 115 & 116 of the Bangladesh Labor Law, 2006: Every worker shall be entitled to get casual leave & sick leave with full pay. In accordance with section 117 of the Bangladesh Labor Law, 2006: Every worker who has completed one year of continuous service in a factory, shall be allowed during the subsequent period of twelve months’ leave with wages for a number of days calculated at the rate of – 1) If an adult, one day for every eighteen days’ of work performed by him during the previous period of twelve months. 4) If a worker, does not, in any such period of twelve months, take the leave to which he is entitled, either in whole or part, any such leave not taken by him shall be added to the leave to be allowed to him in the succeeding period of twelve months.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                In accordance with section 118 of the Bangladesh Labor Law, 2006: Every worker shall be allowed to at least eleven days’ festival holidays, with wages in a year. In accordance with section 77 of Factories Rules 1979: A leave register should be maintained.
7.7	In accordance with section 46 and 48 of the Bangladesh Labor Law, 2006: 1. Every woman working for not less than 6 months in a factory shall be entitled to payment of maternity benefit 8 weeks  before and 8 weeks after the child birth. 2. The woman shall not be entitled to get that leave if she already has two or more children. In accordance with section 48 of the Bangladesh Labor Law, 2006: 1. Payment of maternity benefit shall be made on average daily, weekly or monthly earning of the worker as applicable and be in cash. 2. The average daily earnings shall be calculated by dividing the total wages earned by the women during the three months immediately preceding the date on which she gives notice…. by the actual number of days on which she worked during that period. Maternity Benefit is not given to the female workers.
7.10	In accordance with section 17of the Minimum Wages Rules, 1961: Every employer shall issue to the employees employed in any industry in respect of which minimum rates of wages have been fixed under the provisions of the Ordinance, Wages slips in Form ii.
7.11	In accordance with section 123 of the Bangladesh Labor Law, 2006: Employer shall pay wages within 7 days of the following month.
7.12	In accordance with section 125 of the Bangladesh Labor Law, 2006: Factory should not deduct any wages beyond the legal permissible criteria.
	In accordance with The Bangladesh Government Gazette of 1994: Workers salary breakdown is specified and segregated in basic- house rent- medical allowance as per different grade by this Gazette.
8. Health & Safety  8.2	In accordance with section 6 (c), (e) of the Boilers Act, 1923: Boiler license should be procured and the boiler attendant should possess competency license.
8.3	In accordance with section 56 of the Bangladesh Labor Law, 2006: 1. No workroom shall be overcrowded to an extent injurious to the health of the workers. 2. There shall be for every worker employed in a workroom at least 9.5 cubic meter of space. In accordance with section 52 of the Bangladesh Labor Law, 2006: Effective and suitable provisions shall be made in every factory for securing and maintaining in every work room - a) Adequate ventilation by the circulation of  fresh air b) Such temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health.
8. Health & Safety 8.5	In accordance with ICS Code 8.5: Safety instructions communicated to all employees through posters + other individual instructions.
8.6 + 8.7	In accordance with ICS Code 8.6 and 8.7: Safety trainings conducted. Specify on which risks / operations + in which frequency: Training records should be available.
8.8 + 8.9	In accordance with section 56(7) of the Factories Rules, 1979: A record of all cases of accident and sickness treated at the ambulance room shall be kept and produced to the Inspector or Certifying Surgeon when required.
8.10	In accordance with ICS Code 8.10: The supplier official documents confirming compliance with legal building standards for his activity.
8.11	In accordance with section 72 of the Bangladesh Labor Law, 2006: Where it is necessary to ensure safety, steps, stairs, passages and gangways shall be provided with substantial handrails.
8.11	In accordance with section 51 of Factories Rules- 1979. There should be at least 2 exits and the width of the stair should be 45 inches.
8.12	In accordance with  section 22 of the Factories Act- 1965: The emergency exits should be clear from any obstruction.
8.13	In accordance with ICS Code 8.13: The way to the emergency, exits clearly marked.
8.14 + 8.18	In accordance with section 62(8)  of the Bangladesh Labor Law, 2006: Factory should conduct fire drill once in every year and keep record.
8.15 + 8.16 + 8.17	In accordance with section 52 (2, 3, 4) of the Factories Rules, 1979: Factory should provide portable fire extinguishers at the rate of 1 for every 5000 sq. ft. In accordance with section 52 (7) of the Factories Rules, 1979: Every portable fire extinguisher shall be kept charged ready for use, properly mounted in a position approved by the inspector and accompanied by the maker’s pointed instruction for its use.
8.19	In accordance with section  63(1)of the Bangladesh Labour Law 2006: Every factories machineries, electrical installation must be well protected & covered.
8.20	In accordance with ICS Code 8.20: Competent electricians periodically check the electrical installations.
8.21	In accordance with section 61 (1) of the Bangladesh Labour Law 2006: Every factory’s building, plant, machineries should be kept in such a way so that it cannot be hazardous to the working people.
8.23	In accordance with section 63 of the Bangladesh Labor Law, 2006: In every factory the safeguards of substantial construction shall securely fence every dangerous part of any machinery.
Section 8.25	In accordance with Code 8.25 of Carrefour ICS Questionnaire Workers specifically trained regarding the risk of accidents at their work place.
8.26	In accordance with section 79 of Bangladesh Labour Law 2006: Hazardous materials / chemicals properly stored.
8.27	In accordance with ICS Code 8.27: These materials only accessible to competent employees.
8.29	In accordance with ICS Code 8.29: Adequate personal protective equipment provided to exposed workers.
Section 8.33	In accordance with section 27 of the Factories Rules –1979. Where females are employed, there shall be at least one latrine for every 25 females.
Section 8.34	In accordance with section 59(3) of Bangladesh Labour Law-2006 The workers toilet should be sufficient airy with sunlight & full time water facility.
8.35	In accordance with section 58(1) of the Bangladesh Labor Law, 2006: In every factory effective arrangement shall be made to provide and maintain at a suitable point conveniently situated for all workers employed therein, a sufficient supply of wholesome drinking water.
	In accordance with section 62(5) of the Bangladesh Labor Law, 2006: In every factory there shall be provided effective and clearly audible means of giving warning in case of fire to every person employed therein.
Section 8.36	In accordance with section 58 of Factories Rules 1979. The dining hall shall accommodate at least 30 percent of the workers working at a time:
8.37	In accordance with section 89(5) of the Bangladesh Labor Law, 2006: In every factory wherein three hundred or more workers are employed, there shall be provided and maintained an ambulance room or dispensary of the prescribed size containing the prescribed equipment or similar facilities. In accordance with section 89(2) of the Bangladesh Labor Law, 2006: The number of first aid boxes or Cupboards shall not be less than one for every one hundred fifty workers ordinarily employed in the factory.
8.38	In accordance with section 89(5) of the Bangladesh Labor Law, 2006: The ambulance room or dispensary shall be in the charge of such medical and nursing staff as may be prescribed. In accordance with section 89(3) of the Bangladesh Labor Law, 2006: The First aid boxes shall be kept in charge of a responsible person who is trained in first-aid treatment and who shall always be available during the working hour of the factory.
	In accordance with Section 44 of Factories Act, 1965 A notice shall be fixed in every workroom stating the name of person in charge of the first aid box or cupboard and such person shall wear a badge so as to facilitate identification.
	In accordance with section 54 of the Bangladesh Labor Law, 2006: Effective arrangements shall be made in every factory for the disposal of wastes and effluents due to the manufacturing process carried on therein.