Everything concerning employment law that you need to know and be aware of will be covered in detail in this post, including Employee Rights & Labour Law in Bangladesh and Labour & Workers Law in Bangladesh.
The Bangladesh Labour Act 2006 is rather extensive and progressive. The Act replaces and combines the 25 currently in effect acts.
Working hours and leave, wages and payment, workers’ compensation for injury, trade unions and industrial relations, disputes, maternity benefits, conditions of service and employment, youth employment, health hygiene, safety, and welfare, Labor Court, Workers’ Participation in Companies Profits, Regulation of Employment and Safety of Dock Workers, Provident Funds, Apprenticeship, Penalty and Prosecution are just a few of the coverage areas that immediately reveal the law’s comprehensive nature.
The Bangladesh Labour Act 2006 states that “Worker” refers to any individual, including an apprentice, engaged in any establishment or industry either directly or through a contractor to perform any skilled, unqualified, manual, technical, commercial, promotional, or clerical hire or reward labor.
Regardless of the existence of stated or implied employment agreements, but excludes those who work primarily in managerial or clerical capacities.
(Bangladesh’s Labor Law & Employee Rights)
Types of Workers
The following are the many worker classifications in Bangladesh that prospective employers should be aware of because the employee’s designation will directly affect their pay and benefits:
- Transitory: This position is temporary in nature and has a deadline attached to it.
- Substitute: This refers to a permanent position.
- Seasonal employment entails, as the name suggests, working during a specific season and continuing to do so through its conclusion.
- Probationer: This refers to a person who is working while on probation.
- Permanent: This is typically employment following a trial period.
- Casual: Not in the usual sense
- As a trainee, an apprentice (free or paid)
The Wages in Bangladesh
Any remuneration expressed in terms of money or capable of being expressed in that manner that, if the requirements of employment, expressed or implied, were met,” is how the term “wages” is defined.
Would be payable to a worker in respect of his or her employment or work performed in that job,” and include “any other additional remuneration of the aforesaid nature that would be so payable but not included.”
- The cost of any housing accommodations, light, water, medical care, or other amenity, as well as any services not covered by a general or specific government order
- any employer contributions made to a pension or provident fund
- Any travel reimbursement based on the value of any travel discount
- Any amount provided to the employee to cover specific costs that are due to him due to the nature of his employment
Every employee’s wages must be paid by the end of the seventh day after the pay month’s last day.
According to Bangladesh’s Employee Rights & Labour Law, if a worker’s employment is terminated by retirement or by the employer—whether through retrenchment, discharge, removal, dismissal, or another method—the wages that are owed to him must be paid before the end of the seventh working day following the date of such termination.
Leave and Holidays Labour Law in Bangladesh
It is important and necessary for labor law to address the issue of Leaves and Holidays. The following leaves are available to every employee who typically has a holiday:
- Each week’s holy day
- Personal time off
- Sick time
- holiday leave
According to the Maternity Benefit Act of 1939, annual leave and maternity leave are both fully paid (now abrogated).
Casual Leave in Bangladesh:
Situations like an unexpected sickness, minor accidents, or urgent needs can make you eligible for casual leave.
Sick Leave in Bangladesh:
Sick leave is typically utilized in place of a medical certificate. No such leave shall be granted unless a registered medical practitioner appointed by the employer, according to Section 116 of the Bangladesh Labour Act 2006.
Annual Leave with Wages in Bangladesh
Section 117 of the Bangladesh Labour Act 2006 addresses annual leave. When a worker has worked for an institution for a full year without taking a break, they are typically given Wages for a particular number of days calculated at a certain rate for the corresponding twelve months. Typically, the rate for adults is:
(a) for every eighteen days of work performed in the case of a shop, factory, commercial or industrial establishment, or road transport service
(b) for every twenty-two days of work performed in the case of a tea plantation
(c) for every eleven days of work performed by a newspaper employee during the previous twelve months
Bangladesh Labor Law’s Termination of Layoffs
An employer who, at any time, in the event of a fire, an unexpected catastrophe, an epidemic (like the Coronavirus pandemic/Covid 19 pandemic), a malfunction of machinery, a power outage, epidemics, widespread rioting, or any other cause beyond his control.
Stop any area or areas of his business, completely or partially, for as long as the reason for the shutdown persists.
When a work stoppage lasts for more than 3 (three) working days, the affected employees must be let go.
Employee Absent From Work in Bangladesh Without Notification
The employer must give the employee a notice asking him about the absence if he is gone for more than ten (10) days without authorization or notice.
He should be asked to explain his absence and to resume his duties within ten (10) days in the notice.
If he doesn’t submit a written statement or begin working within the allotted time, the employer will give him an additional 7 (seven) days to present a defense.
The employee will be deemed to have been released from service as of the date of such absence if he does not return to work or take protective measures.
Summary
The concentration in Labor and Employment Law aims to educate the next generation of lawyers in Bangladesh and beyond who will work in and shape the fields of labor and employment law by providing an opportunity to learn the applicable laws and regulations in the area.
Consider policy issues through a written work, and obtain practical skills applicable in the area through an experiential learning requirement.
