Labor law is very important law to protect the interest of the workers in Bnagladesh. The main purpose of this writing is to give an idea about the employment matter, types of workers, terms and conditions of employment, working hours, wages, holidays of a labour as per The Bangladesh Labor Act, 2006 .
According to Bangladesh Labour Act 2006,‘Worker’means any person including an apprentice employed in any establishment or industry, either directly or through a contractor, 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 a person employed mainly in a managerial or administrative capacity.
TYPES OF WORKERS:
Workers employed in any establishment shall be classified in any of the following classes according to the nature and condition of work; namely (a) Apprentice, (b) Substitute /Badli, (c) Casual, (d) Temporary, (e) Probationer, (f) Permanent and (g) Seasonal.
- Apprentice: As a trainee + Paid allowance only
- Substitute/ Badli: In the post of a permanent Worker or of a probation worker
- Casual: Casual in nature
- Temporary: Temporary in nature + finished within a limited period
- Probationer: In a permanent post + the period of his probation
- Permanent: He has completed the period of his probation
- Seasonal: Any work season and remain in employment up to the end of the season
CONDITIONS OF EMPLOYMENT:
In the Bangladesh Labour Act 2006, it is provided that any establishment may have its own service rule but the service rule must contain all the regulations mentioned in the Act.
Thereafter, the service rule has to be submitted to the Chief Inspector. He will approve of it if there is not any amendment within 90 days of the receipt.
However, if he does not approve, the aggrieved person may seek for an appeal to the Government within 30 days. After that, the Government shall dispose of such appeal within 45 days and the order of the Government shall be final.
No employer shall employ any worker without giving such worker a letter of appointment and every such employed worker shall be provided with an identity card with photograph.
Under the provisions of the Act, it is brought up the working hours of a worker, such as:
- Daily Working Hour: Up to 8 hours per day.
- Interval for Rest or Meal:
Shift exceeding 6 hours: 1-hour break
Shift of 5 hours: 30 minutes
Shift of 8 hours: i) Two 30 minutes break, or ii) One 1-hour break
- Weekly Working Hour: Up to 48 hours per week.
- Overtime: Up to 10 hours per day and 60 hours per week.
On average 56 hours per week.
For road transport workers, 150 hours of overtime per year.
- Night Shift: A holiday for a whole day which means 24 hours break between each night shift has to be given.
- Limitation for Women Workers: No shift from 10.00pm to 06.00am without the woman worker’s consent.
- Restriction on Double Employment: Double employment is not allowed for any worker.
‘Wages’ means all remuneration, expressed in terms of money or capable of being soexpressed, which would, if the terms of employment, expressed or implied, were fulfilled, bepayable to a worker in respect of his employment or of work done in such employment, and includes any other additional remuneration of the nature aforesaid which would be so payable, but does not include-
(a) The value of any house accommodation, supply of light, water, medical attendance or other amenity or of any service excluded by general or special order of the government,
(b) Any contribution paid by the employer to any pension fund, provident fund,
(c) Any traveling allowance on the value of any traveling concession,
(d) Any sum paid to the worker to defray special expenses entitled on him by the nature of his employment;
The wages of every worker shall be paid before the expiry of the seventh day after the last day of the wage period in respect of which the wages are payable.
Where the employment of any worker is terminated by retirement or by the employer, whether by way of retrenchment, discharge, removal, dismissal or otherwise, the wages payable to him shall be paid before the expiry of the seventh working day from the day on which his employment is so terminated.
All payment of wages shall be made on a working day.
Every worker shall be entitled to casual leave the full wages for ten days in a calendar year, and such leave shall not be accumulated and carried forward to the succeeding year. However, this rule shall not apply to a worker employed in a tea plantation.
Every worker other than a newspaper worker shall be entitled to sick leave with full wages for fourteen days in a calendar year.
Every newspaper worker shall be entitled to sick leave with half wages for not less than one-eighteenth of the period of services.
No such leave shall be allowed unless a registered medical practitioner appointed by the employer or, if no such medical practitioner is appointed by the employer, any other registered medical practitioner, after examination, certifies that the worker is ill and requires sick leave for cure or treatment for such period as may be specified by him.
Such leave shall not be accumulated and carried forward to the succeeding year.
Labour Law Disputes at CLP
The Barristers, Advocates, and lawyers at CLP in Gulshan, Dhaka, Bangladesh are highly experienced at dealing with Labour Law Disputes. In addition to handling various issues related to service of employment amongst domestic clients on a regular basis, it also has experience at consulting and assisting numerous international clients.
For queries or legal assistance, please reach us at:
Phone: +8801700920980 | +8801947470606
Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.