Welcome to Our Presentation

Ceremony

IT IS GROUP “E”.We are…..I. Md. Azizur Rahman (16131).II. Md. Delwar Hossain (16149).III. Fahmida Munmun (16160).IV. Asma Arifa (16164).V. Sakib Hasan (16165).VI. Hosni Jahan (16174).VII. Tunisha Chakma (16180).VIII.Md. Tamij Ahammed (16252).IX. Md. Tamvir Ahmed Kalince

(16254).X. Tahasin Reza Khan (15083).XI. S. K. Rashed Ahmed (14147).

Our presentation topic is

“Appointment and Conditions of

Employment”.

We will discuss about… Conditions of Employment.

Definition of Employer.

Definition of employee.

Categories of Workers.

Period of probation.

Grounds for Stoppage of Work.

Wages for Stoppage of Work.

Definition of Go-slow.

Definition of Lay-off.

Distinction between Stoppage of Work & Lay-off.

Distinction between Lay-off & Lock out.

Right to Laid-off Workers for Compensation.

Laid-off Workers not entitled to Compensation in Certain Cases.

Definition of Retrenchment.

Conditions Precedent to Retrenchment.

Distinction between Lay-off & Retrenchment.

Re-employment of Retrenched Workers.

We will discuss about… Definition of

Discharge. Ground of Discharge. Compensation for

Discharge. Definition of

Dismissal. Grounds of Dismissal. Definition of

Misconduct. Punishment for

Misconduct.

Methods of Termination of Employment by the Employer.

Methods of Termination of Employment by the Employee.

Definition of Retirement.

Retirement of a Worker.

Grievance Procedure.

CONDITIONS OF EMPLOYMENTConditions of employment means the

term of employment between the employer & the employees which includes the rights & obligations of the workers & employers. Conditions of employment include....I. The contract between employer &

employee.II. Statute law.III. Decisions of court.IV. The standing orders.V. Custom and usage.

EMPLOYEREmployer is any person who employs worker in the establishment.Employers include…..i. An heir, guardian or legal

representative.ii. Any person responsible for the

management.iii. The head of any Ministry or

Division.iv. The CEO of any establishment.v. The proprietor of any

establishment.vi. Manager of any establishment.

Worker

EMPLOYEE OR WORKER

According to section 2[65] of the Bangladesh Labor Act 2006 , ”worker” means any person including an apprentice employed directly or by a contractor in any establishment or industry to do any skilled, unskilled , manual, technical , trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does not include any such person who is employed mainly in a managerial or administrative capacity.The term “worker” contemplates the inclusion of a person to be employed in the work, for productive purpose in any commercial or industrial establishment.

CATEGORIES OF WORKERS

Section 4 of the Bangladesh Labour Act 2006 classifies the workers according to the nature and condition of work. They are……i. Apprenticesii. Badliiii. Casualiv. Temporaryv. Probationervi. permanent

PERIOD OF PROBATION

According to section 4(8) of the Bangladesh Labor Act 2006, the period of probation is for:Clerical Employees: Six months .Other workers: Three months.Section 4(9) of the Bangladesh Labor Act 2006 states that if any skilled worker whose service has been terminated during his probationary period is again employed by the same employer within a period of 3 years, his probation period will be after considering the earlier probation period.Section 4(10) of the Bangladesh Labor Act 2006 states that if a permanent worker is employed as a probationer in a new post, he may be reverted to his old permanent post. If he is a temporary worker of clerical work, his period of probation will be 6 months.

GROUNDS FOR STOPPAGE OF WORK

Section 12 of the Bangladesh Labor Act 2006 authorizes an employer almost an unleashed power to close down his factory, shop, commercial or industrial establishment. The grounds of stoppage of work are:Fire;Catastrophe;Machinery breakdown;Power outage;Epidemic;Civil commotion;Other causes beyond the employers control.

Stoppage of Work

WAGES FOR STOPPAGE OF WORK

According to section 12(6) of Bangladesh Labour Act 2006, the wages for stoppage of work will be:

Period of stoppage of work

Wages

One day No Wage

More than one day Wages for the exceeding one working day

More than three working days

The workers can be laid-off.

Lay-off

LAY-OFFThe temporary unemployment of employee due toShortage of energy.Shortage of raw materials.Breakdown of machinery of a ongoing business.The laid-off employees are not subject to normal wage but they would be entitled to preference when the working of the factory is resumed.

Distinction between Stoppage of Work & Lay-off

Lay-offStoppage of

WorkThe operation of the

establishment get stopped.

It happens due to…… Shortage of energy. Shortage of raw materials. Breakdown of machinery of

a ongoing business Manageable by the

employer

The part of the operation of the establishment get stopped.

It happens due to….. An event of fire. Catastrophe of

machine. Stoppage of power

supply. Epidemics and other

reasons which is beyond the control of the employer.

Distinction between Lay-off & Retrenchment

Lay-off Retrenchment

Temporarily inability or refusal to give employment.

Caused by the problem of manufacturing process.

Permanent termination of service.

Retrenchment is caused by exceeding the necessary number of workers in any establishment.

Distinction between Lay-off & Lock-out

Lay-off Lock-outThe operation of

the establishment is on-going.

It is connected with economic condition.

There is obligation to pay compensation according to labor act.

The operation of the establishment is stopped.

It is connected with industrial dispute.

There is no obligation to pay wages during lock out.

RIGHT TO LAID-OFF WORKERS FOR

COMPENSATIONSection 16 of the Bangladesh Labour Act 2006 provides the following methods for the payment of the compensation to workers laid-off:

Duration of lay-off Amount of compensation

45 Days Half of basic wage

Exceeding 45 days 1/4th of basic wage

LAID-OFF WORKER NOT ENTITLED TO COMPENSATION

Refuse to accept job at the same establishment.Refuse to accept job within a radius of 8 miles.Doesn’t present himself at the appointed time during normal working hour at least once.Shifting system.

GO-SLOW

Go-Slow is a deliberate delaying of production by workmen. According to section 2(18) of the Bangladesh Labour Act 2006, – Go-Slow is deliberate and purposeful slowing down of normal output of work by a body of concerned workers and even not due to any mechanical defect, breakdown of machinery, failure or defect in power supply and so-on.

RETRENCHMENTAccording to section 2(11) of the Bangladesh Labour Act 2006, Retrenchment is the termination by the employer of services of workers on the ground of redundancy.In other word, retrenchment means termination of service. Retrenchment includes every kinds of termination.

CONDITIONS PRECEDENT TO RETRENCHMENT

Although workmen can be retrenched by the employer, but these are same conditions for retrenchment. Section 20(2) of the Bangladesh Labour Act 2006 provides that workmen who have been in continuous service for more than one year under an employer shall not be retrenched by that employer unless all the following conditions are fulfilled:I. Notice: A notice has to be sent to employee

before 30 days ago.II. Sending of notice: A copy of the notice of

retrenchment has to be sent to the Chief Inspector and to the Collective Bargaining Officer.

III. Compensation: The worker has to be paid thirty days wages.

RE-EMPLOYMENT OF RETRENCHED WORKER

According to section 21 of the Bangladesh Labour Act 2006, Retrenched workers can be re-employed by the proposition of employer to any worker within a period of one year from the date of such retrenchment by sending a notice to their last known address to offer themselves for retrenchment. And in this process each worker will be prioritized according to their length of his services under the employer for his re-employment.

DISCHARGE

Section 2(17) of the Bangladesh Labour Act, 2006 states that the termination of services of an employee by the employer for the reason of physical or mental incapacity or continued ill health is discharged of services.It has to be happened in a running or continuing business.

Discharge

GROUNDS OF DISCHARGE

Section 22 of the Bangladesh Labour Act 2006 states that on the following grounds employees may be discharged from the service:On account of physical incapacity of the workers;On account of mental incapacity of the workers;On account of continued ill health of the workers.These above grounds must be certified by a registered physician.

COMPENSATION FOR DISCHARGEAccording to section 22(2) of the

Bangladesh Labor Act 2006, a discharged worker having completed more than one year of continuous service shall be paid by the employer compensation at the rate of thirty days wages for every completed year of service or for any part thereof in excess of six months.

GRIEVANCE PROCEDURE

Grievance procedure means bring any terminated employee’s grievance for an order of the termination to the attention of his or her employer. It is aimed at regulating the labor- management relation in the country. The steps of grievance procedures are:Submission of grievance;Investigation and hearing; Application to the labor court;Hearing to the labor court;Order of the labor court;Appeal to the Appellate tribunal.

DISMISSALSection 2 (39) of the Bangladesh Labor Act, 2006 defines the term “Dismissal” as the termination of services of a worker by the employer for misconduct. Misconducts are:Disobedience;Theft;Fraud or dishonesty;Bribery;Habitual late attendance;Habitual negligence of work and falsifying or tempering with;Damaging or causing loss of employer’s official records.Misconduct may be happened the following three ways:i. Technical misconduct;ii. Damaging or causing loss of employer’s resources;

andiii. Misbehave with other employer’s.

GROUNDS OF DISMISSAL

Section 2(39) and 23(1) of the Bangladesh Labor Act 2006 stipulates that a worker may be dismissed without prior notice or pay in the following grounds:Convicted for an offence; orIs found guilty of misconduct under section 24.

MISCONDUCTThe Bangladesh Labor Act, 2006 does not define the term misconduct. Misconduct literary means wrong or improper conduct that is conduct in violation of definite rule of action. It ordinarily means failure to do what is required of a person to be done.According to the Bangladesh Labor Acts 2006, the following acts shall be treated as misconduct:Willful in sub-ordination or disobedience;Theft, fraud or dishonesty;Bribery;Habitual absence without leave or absence;Habitual late attendance;Habitual breach of any law or rule or regulation applicable to an establishment;Riotous or disorderly behavior in the establishment;Habitual negligence or neglect of work;Falsifying, tempering with , damaging or causing loss of employer’s .

PUNISHMENT FOR MISCONDUCTWorker’s may be dismissed for misconduct without prior

notice or pay in lieu thereof if he is convinced for an offence or is found guilty of misconduct under section 24 of the Bangladesh Labor Act 2006.According to section 23(2) of the Bangladesh Labor Act, 2006, a worker guilty of misconduct may instead of dismissal be given following penalties considering special situations:Removal;Bringing to lower grade of the job, not more than year down to salary scale;Stopping promotion for not more than one year;Stopping salary rise for not more than one year;Fine;Temporary dismissal for not more than seven days without pay; andCensure and caution.

Retirement

Retirement means voluntary termination of one’s own employment of career, especially upon reaching a certain age or completing of his 25 years of employment.

RETIREMENT OF A WORKER

Section 28 of Bangladesh Labour Act 2006 describes the following provisions regarding the retirement:I. Retired age: 60 years age.II. Proof of worker’s retired age: The date of

birth of the worker in the service book.III. Payment of worker’s due: The dues are to be

paid in accordance with the provisions in section 26(4) or according the rules of the establishment.

IV. Appointed on contract basis: The retiring worker can be appointed on contract basis.

METHOD OF TERMINATION OF THE EMPLOYMENT BY

THE EMPLOYER

Section 26 of Bangladesh Labour Act 2006 divides the method of termination of the employment by the employer in two types.Termination of the employment with notice: i. For a permanent worker: The notice has to be

given 120 days ago for monthly rate workers and 60 days ago for other workers before termination.

ii. For a temporary worker: The notice has to be given 30 days ago for monthly rate workers and 14 days ago for other workers before termination.

METHOD OF TERMINATION OF THE EMPLOYMENT BY

THE EMPLOYERTermination of the employment without notice:i. For a permanent worker: The employer

has to pay 120 days wages for monthly rate workers and 60 days wages for other workers before termination without notice.

ii. For a temporary worker: The employer has to pay 30 days wages for monthly rate workers and 14 days wages for other workers before termination without notice.

METHOD OF TERMINATION OF THE EMPLOYMENT BY

THE EMPLOYEESection 26 of Bangladesh Labour Act 2006 divides the method of termination of the employment by the employee in two types.Termination of the employment with notice: i. For a permanent worker: The notice has

to be given to employer 60 days ago before termination.

ii. For a temporary worker: The notice has to be given to employer 30 days ago for monthly rate workers and 14 days ago for other workers before termination.

METHOD OF TERMINATION OF THE EMPLOYMENT BY

THE EMPLOYEE

Termination of the employment without notice:i. For a permanent worker: The employee has

to pay 60 days wages to the employer before termination without notice.

ii. For a temporary worker: The employee has to pay 30 days wages for monthly rate workers and 14 days wages for other workers to the employer before termination without notice.

Thank you all!