LABOUR LAW

 

LABOUR LAW

 

Who is a worker under Bangladesh Labour Law?

Worker means any person including an apprentice employed in any establishment or industryto do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment are expressed or implied.

But does not include following persons:·

(a) Supervisory, managerial and administrative.·

(b)    Domestic servants, government or any office under government.

Classification of Labour

·  A namely (a) Apprentice, (b) Substitute /Badli, (c) Casual, (d) Temporary, (e) Probationer, (f) Permanent and (g) Seasonal.

RecruitmentEmployee in Bangladesh:

No employer shall hire any worker without giving a letter of appointment to such worker and a photo identity card shall be given to each such employed worker.

The Bangladesh Labour Act (BLA) of 2006 grants employees/workers the right to three different types of leaves.

(i) Annual leave- A worker is entitled to annual leave with wages in the following year, which is calculated at a rate of one (1) day for every eighteen (18) days of work, if they have completed one (1) year of ongoing service in an establishment. A worker may also have cash against any unused earned leave. At the conclusion of the year, more than half of the earned leave is not redeemable. A maximum of one cash out per year is permitted. A single year may contain no more than 60 (sixty) days of earned leave.

(ii)Sick Leave- An employee is eligible for fourteen (14) days of sick leave each year. In order for the leave to be approved, a certified medical professional must certify that the employee is unwell and needs time off for treatment.

(iii) Casual leave- A worker has the right to ten (10) days of  casual leave per year.

Termination

The employer and the worker each have separate job termination process procedures under the Labor Act 2006.

·         Termination by dismissal.

If either an employee is found to be: Convicted of any offence; or Guilty of any offence. Employer can terminate the employee in lieu of a notice without warning or without pay. The boss, however, always has the option of offering fewer penalties instead of dismissal for more behavior.

Procedure for punishment

The employee cannot be punished for the misconduct unless:

1.   the allegation is in writing;

2.   the employee will get at least 7 (seven) days to explain;

3.   the employee will get an opportunity to hear;

A committee shall then be created for the investigation in this regards. The commission will complete its inquiry within 60 (sixty) days.

If, upon investigation, the allegation against the worker is not proven, he shall be considered to have been in service during the time of suspension and his wages shall be charged for that time with the modification of the subsistence allowance already charged.

The order of dismissal will be accepted, after having sufficient  evidence.

·         Lay-off termination

An employer who, at any time, in the event of a fire, a sudden disaster, an epidemic (such as the Coronavirus pandemic/Covid 19 pandemic), a breakdown of machinery, a power outage, epidemics, widespread riots, or any other cause beyond his control, halts any section or sections of his establishment, wholly or partially, for the duration of the cause of such shutdown. Workers will be laid off if the work stoppage lasts more than three (three) working days.

Termination by Discharge (Physical or mental incapacity or continuing ill health)

A worker may be discharged from service if a licensed medical practitioner approves it due to physical or mental incapacity or chronic illness.
If a worker is discharged after at least one year of continuous employment, the employer must provide 30 (thirty) days' earnings or, if applicable, a gratuity, as compensation.

Termination by workers

·         Permanent worker may resign by 60 days’ notice

·         A temporary worker can terminate his job by notifying the employer in writing of 30 (Thirty) days, if he is a skilled worker per month;14 (14) days, in the case of other jobs.

N.B.A worker may resign without notice by paying the employer for the notice period a sum equal to the salaries.

Employee absent from work without notice

The employer must give a notice to the employee if the employee is absent from work without notice or consent for more than ten (ten) days. The notification will require that he explain why he is absent and return to work within 10 days. If he fails to offer a written explanation or join the service within the specified time, the employer will grant him an additional 7 (seven) days to defend himself. If the worker does not join the service or defend himself, he is assumed to have been discharged from duty on the date of his absence.

Maternity Benefit/Maternity Leave in Bangladesh

Section 45(1) of the Act prohibits an employer from employing a woman for the eight weeks immediately after the day of delivery.

Section 45(2) prohibits a woman employee from working in any establishment for the eight weeks immediately after the day of delivery.

Section 45(2) forbids a woman employee from serving in any institution for the eight weeks immediately following the day on which she was born.

Section 45(3) No employer shall employ any woman for doing any work which is of an arduous nature or which involves long hours of standing or which is likely to adversely affect her health, if-

(a) he has reason to believe or if the woman has informed him that she is likely to deliver a child within 10 (ten) weeks;

(b) ifthe employer has the knowledge of the woman has delivered a child within the preceding 10 (ten) weeks:

Stages of the labour Court:

1) Institution of Suit:

2) Issue of Summons/Process

3)Written statements

4) Mediation

Trial Stage:

1) Examination in Chief of the Plaintiff.

2) Cross-examination of the Plaintiff.

3) Examination in Chief of the Defendant.

4) Cross-examination of the Defendant.

3) Arguments

Post-Trial Stage:

1) Judgment

2) Decree

Appeal against judgment of Labour Court–

If a party is aggrieved with a Labour Court judgement,award, decision, or sentence, they can file an appeal to the Labour Appellate Tribunal within 60 days.

WRITTEN BY

ADIUL ISLAM

ADVOCATE, JUDGE COURT, DHAKA.

LABOUR COURT & ADMINISTRATIVE TRIBUNAL, DHAKA.

ACCREDITED INCOME TAX PRACTITIONER.

LL.B (HON’S) AIUB, LL.M (JNU).

MOBILE: 01755009073 &01642999563.