Bangladesh Labor Law

CONTENTS……….

Ado

Adolescent

Adult

Child

Retrenchment

Discharge

Dismissal

Go Slow

Lay off

Classification of workers.

Working Hour.

Employee Leave.

Maternity welfare facilities.

Punishment for conviction & misconduct.

Procedure for Punishment.

Termination by employer or employee.

Payment for PF.

Time limit for payment of FNF.

Service Benefit.

Definitions……. Contents……

DEFINITION …….

Adolescent: Adolescent means a person who has completed his 14th

years but not completed 18th years of age.

Adult: Adult means a person who has completed 18th year of age.

Child : Child means a person who has not completed his 14th year of age.

Retrenchment : Retrenchment means the termination by the employer of

service of workers on the ground of redundancy.

Discharge : Discharge means the termination of services of a worker by the employer for the reasons of Physical or mental incapacity or continued ill health of a worker.

DEFINITION …….

Dismissal : Dismiss means termination of service of worker by the employer for misconduct.

Go Slow : Go Slow means an organized, deliberate and purposeful slowing down of normal output of work by a body of workers in a concerted manner, and which is due to any mechanical defect, breakdown of machinery, failure or defect in power supply or in the supply of normal materials and spare parts of machinery

Lay off : Lay off means the failure, refusal or inability of an employer on account of shortage of coal, power or raw material or the accumulation of stock or the breakdown of machinery, to give employment to a worker.

CLASSIFICATION OF WORKER….

Workers employed in any establishment shall be classified in any of the following class according to nature and condition of work namely-

1. Apprentice

2. Badli

3. Casual

4. Temporary

5. Probation

6. Permanent

1. Apprentice: A worker shall be called an apprentice if he is employed in an establishment as a learner& is paid an allowance during the period of his training.

2. Badli: A worker shall be called a badli if he is employed in an establishment in the post of a permanent worker or probationer during the period of his temporary absence

CLASSIFICATION OF WORKER……

3. Casual: A worker shall be called a casual worker if his employment in an establishment is casual nature.

4. Temporary: A worker shall be called a temporary worker if he is employed in an establishment for work which is essentially of temporary nature,& is likely to be finished within a limited period.

5. Probationer : A worker be shall be called a probationer if he is provisionally employed in an establishment to fill a permanent vacancy in a post & has not completed the period of his probation.

6. Permanent: A worker shall be called a permanent worker if he is employed in an establishment on a permanent basis or if he has satisfactorily completed the period of his probation in the establishment.

WORKING HOURS………..

Section-100: No Adult Worker Shall ordinarily be required or allowed to work in an establishment for more than eight hours in any day.

Provided that-

An adult worker may work in an establishment not exceeding ten hours in any day. (Section 108)

Section-102: Adult workers shall ordinarily be required or allowed to work in an establishment for more than 48 hours in any week.

But an adult worker may work for more than 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.

DAILY WORKING HOURS WEEKLY WORKING HOURS

Section-109: No women shall, without her consent, be allowed to work in an establishment in between 10 pm and 6 am.

Section-108: When a worker works in an establishment for more then the prescribed hours in any day or week, in that case he shall get OT at the rate of twice of average of his basic wages.

Restriction on working hours of women

Extra Allowance For OT

EMPLOYEE LEAVE TYPES…….

1. Casual Leave

2. Sick Leave

3. Festival Holidays

4. Annual Leave

5. Maternity Leave

EMPLOYEE LEAVE ……

Section-115: Every worker shall be entitled to casual Leave with full wages for 10 (Ten) days in a calendar year. It will not be accumulated and carried forward to the succeeding year.

Section-116: Every worker shall be entitled to sick leave with full wages for a total period of 14 (Fourteen) daysin a year. It will not be accumulated and carried forward to the succeeding year.

Casual Leave Sick Leave

Section-118: Every worker shall be allowed 11 (Eleven Days) festival holidays with full wages in a year.

A worker may be required to work on a festival holiday but2 (Two) days additional compensatory holidays with full wages & a substitute holiday shall be provided.

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Festival Holidays

[Note: A worker may be required to work on festival holiday but two days additional compensatory holiday with full wages & a substitute holiday shall be provided]

Annual Leave

Section-117: Every adult worker who has completed a period of one year continuous service in the establishment shall be allowed leave & it calculated at the rate of 01 day for every 18 days of work.

[Note: Only Earned leave can carry forward to the succeeding year. Any leave applied for by a worker but refused by his employer shall be added to the credit of such worker]

o Section -45,46: Employers are liable to provide maternity benefits to the employee who has completed at least 6 months of service with the employer by the date of confinement.

Every woman employed in any establishment shall be entitled to the payment of maternity benefit :

08 weeks (2 month) preceding the tentative date of her delivery.

08 weeks (2 month) immediately following the said of her delivery.

[Note: No woman worker shall be entitled to such benefit if she has, at the time of delivery, two or more children alive].

Maternity welfare facilities

o Section-23: A worker guilty of misconduct may, instead of being dismissed

Removal

Reduction to a lower post, grade or scale of pay, for a period not exceeding 1 year.

Stoppage of promotion for a period not exceeding 1 year.

Withholding of increment for a period not exceeding 1 year.

Fine.

Suspension without wages for a period not exceeding 7 days.

Censure & warning.

PUNISHMENT FOR CONVICTION & MISCONDUCTS

PROCEDURE FOR PUNISHMENT

o Section-24: No order of punishment against a worker shall be made unless-

The allegations against him are recorded in writing.

He is given a copy thereof and not less than seven day’s time to explain.

He is given a opportunity of being heard.

He is found guilty, after enquiry.

The employer or the manager approves of such order.

PROCEDURE FOR PUNISHMENT

A worker charged for misconduct may be suspended, unless the matter is pending before any Court, the period of such suspension shall not exceed 60 days.

Provided that, during the period of suspension, a worker shall be paid by his employer a subsistence allowance equivalent to half of his average wages(Basic).

o If the worker is found not guilty of charges on inquiry he shall be deemed to have been on duty for the period of suspension for enquiry, if any, and shall be entitled to his wages for such period of suspension & subsistence allowance shall be adjusted accordingly

TERMINATION BY EMPLOYER OR EMPLOYEE

(SECTION-26,27)

In the case of termination of the employment with notice by Employer-

The employer shall be terminated of monthly rate workers giving a written notice of 120 days and the employer shall be terminated of other workers giving a written notice of 60 days.

In the case of termination of the employment with notice byEmployee-

If a permanent worker desires to terminate his/her employment, 60 days’ written notice must be given to the employer.

If a worker (in probation) desires to terminate his/her employment, 14 days’ notice must be given to the employer.

Payment of Provident Fund:

Section-29: No worker, who is a member of any Provident fund shall not be deprived due to retrenchment, dismissal, and discharge or terminated.

Time limit for payment of final dues of workers:

Section-30: The appointing authority shall pay all dues of a worker within maximum of 30 working days of his discharge, dismissal, retirement or termination.

SERVICE BENEFIT (SECTION-14,27)

A worker, who during the preceding twelve calendar months, has actually worked in an establishment for not less than 240 days and 120 days, as the case may be, shall be deemed to have completed 1 year or 6 month respectively of continuous service in the establishment.

When a employment of permanent worker is terminated, he shall be paid by the employer compensation—

a) At a rate of 14 days wages for every completed year of service if he has completed 5 years of continuous service or more but less than 10 years.

b) At the rate of 30 days wages for every completed year of service, if he has completed 10 years of continuous service or more.

THANK YOU

Prepared by-

Makame Mahmud