Who is a worker according to BLA 2006?
According to section 2 of this Act ‘worker’ means - any person employed in any shop, commercial establishment or industrial establishment 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; or
- who, being employed in a supervisory capacity, exercises, either by nature of the duties attached to office or by reason of power vested in him, functions mainly of managerial or administrative nature.
Therefore, any person who is not employed in a managerial or administrative capacity or does not possess supervisory capacity is a worker under BLA 2006.
Types of Worker
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
Daily 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.
Weekly Working Hours
Section-102: Adult workers shall ordinarily be required or allowed to work in an establishment for more than 48 hours in any 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.
Extra Benefit for Over time
Section-108: When a worker works in an establishment for more than the prescribed hours in any day or week, in that case he shall get Over Time at the rate of twice of average of his basic wages.
EMPLOYEE LEAVE
- Casual Leave
- Sick Leave
- Festival Holidays
- Annual Leave
- Maternity 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) days in a year. It will not be accumulated and carried forward to the succeeding year.
Section-118: Every worker shall be allowed 11 (Eleven Days) festival holidays with full wages in a year.
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.
Weekly Holiday
Every worker who is working under any establishment shall be provided a holiday or day off to work according to below-
A. In shop, industrial or commercial establishment, workers will get 1.5 (One and a half) days holiday in a week;
B. In factory establishment, workers will get 1 (One) day holiday in a week;
C. In the road and transportation sector workers will get 1 (One) day holiday in a week.
Encashment of un-availed leave
If any worker is separated from the service due to retrenchment, discharge, termination, dismissal, retirement, resignation or any other reason and if there is any annual leave is due to him, employer as per the provision of this law pay him the wages which would have fallen due to him during such leave.
Child Labor
Child labour is a working child under the age specified by law. In 2006, Bangladesh passed a Labor Law setting the minimum legal age for employment as 14. However, a person whos age is more than 14 years can work and he would be regarded as an adolescent worker.
- No adolescent shall be required or allowed to work in any factory or mine, for more than five hours in any day and thirty hours in any week.
- No adolescent shall be required or allowed to work in any other establishment, for more than seven hours in any day and forty-two hours in any week.
- No adolescent shall be required or allowed to work in any establishment between the hours of 7.00 P.M and 7.00 a.m.
SEPARATION
Termination by the Employer
Permanent worker: The employer may terminate the employment of a permanent worker by providing in writing a one hundred and twenty days’ notice. Employer may terminate the worker without any notice by paying wages for the notice period as stipulated above.
In the case of termination of permanent worker, the employer shall pay compensation to the worker at the rate of thirty days’ pay for each completed year of service or gratuity, if any whichever is higher and this compensation will be in addition to other benefits payable to the worker under this chapter.
Resignation
If a permanent worker desires to terminate( resign from) his/her employment, 60 days’ written notice must be given to the employer or by paying wages for the notice period of 60 days.
However, if a worker is 10 (ten) days absent from work without notice or permission, the employer shall serve a notice to the employee. The notice will request to explain the reason for his absence and join the service within 10 (ten) days. Upon failure of submitting any written explanation or joining the service within the stipulated time, the employer shall give him a further 7 (seven) days’ time to defend himself. Thereupon if the worker does not join the service or defend himself, he shall be deemed to have been released from service on and from the date of such absence
Interestingly, the calculation of compensation is different for resignation. The Labour Act provides that , where a worker, who has served the establishment for 5 continuous years, resigns from his service shall be paid compensation by the employer,
(i) if five years or more of continuous service but less than ten years – at a rate of fourteen days’ wages for completed year of service, or (ii) if ten years or more of continuous service – at a rate of 30 days’ wages for every completed year of service or gratuity, if any, whichever is higher. Therefore, if a woker doesn’t work at least 5 years in an establishment then he doesn’t become entitled to get any compensation/gratuity.
Dismissal from service
Dismiss means separation from the service of worker by the employer for misconduct. A worker may be dismissed without prior notice or pay or any compensation if he is convicted for an offence; or be dismissed without prior notice or pay if he is found guilty of misconduct under section 18:
The following acts and omissions shall be treated as misconduct –
1. wilful insubordination or disobedience, whether alone or in combination with others, to any lawful or reasonable order of a superior;
2. theft, fraud or dishonesty in connection with the employer’s business or property;
3. taking or giving bribes or any illegal gratification in connection with his or any other worker’s employment under the employer;
4. habitual absence without leave or absence without leave for more than ten days;
5. habitual late attendance;
6. habitual breach of any law or rule or regulation applicable to the shop or commercial or industrial establishment;
7. riotous or disorderly behaviour in the shop or commercial or industrial establishment, or any act subversive of discipline;
8. habitual negligence or neglect of work;
9. frequent repetition of any act or omission for which a fine may be imposed;
10. resorting to illegal strike or ‘go-slow’ or inciting others to resort to illegal strike or ‘go- slow’;
11. falsifying, tampering with, damaging or causing loss of employer’s official records.
Procedure for punishment
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.
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). 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.
Retrenchment
Bangladesh Labour Act, 2006 gives the legal authority to retrench a worker on the ground of redundancy or needlessness. As per the section 20(1) of the Bangladesh Labour Act, 2006, a worker may be retrenched from the service of any establishment on the ground of redundancy.The employer can severe a worker under the ground of retrenchment if only where a worker has given one month’s notice in writing indicating the reason of retrenchment or the worker has been paid in lieu of such notice wages for the notice period. Though it is for the employer to decide which of the employee should be retrenched but other things being equal principle of “Last come first go” must be applied and the employer cannot depart from the rule without sufficient and valid reason.
Lay Off
As per our labour law, “lay-off” means the failure, refusal or inability of an employer to give employment to a worker on account of shortage of coal, power or raw material or the accumulation of stock or the break-down of machinery (BTW The definition did not consider the pandemic i.e. Covid- 19 as a ground of lay off) .An employer may, at any time, if necessary in the event of epidemics or any other cause beyond his control, stop any section or sections of his establishment. In addition, If the period of stoppage of work exceeds 3 (three) working days, the workers concerned shall be laid off in accordance with the provisions of law.
The right of Lay off only can be exercised if the company does have at least 5 (Five) workers. Upon laying off any worker, the employer must pay the compensation for those, whose name is on the muster-rolls of an establishment and who has completed at least 1 (one) year of service under the employer. The amount of compensation shall be equal to half of the total of the basic wages and dearness allowance and ad-hoc or interim wages, if any, and equal to the full amount of housing allowance. During a calendar year, no worker shall be entitled to the payment of compensation for more than 45 (forty-five) days unless there is an agreement to the contrary between the worker and the employer. After the expiry of such 45 (forty-five) days, the period of lay-off can be extended for further 15 (fifteen) days or more. During this extended lay off period, the amount of compensation shall be equal to one-fourth of the total of the basic wages and dearness allowance and ad-hoc or interim wages of the worker, if any, and equal to the full amount of housing allowance. However, during a calendar year, if a worker is to be laid-off after the first 45 (forty-five) days as aforesaid, for any continuous period of 15 (fifteen) days or more, the employer may, instead of lying off such worker, retrench him under the provision of Labour Law.
Discharge
A worker may be discharged from service for reasons of physical or mental incapacity or continued ill health.
A worker having completed not less than one year continuous service, so discharged, shall be paid by the employer compensation at the rate of thirty days wages for every completed year of service or gratuity, if any whichever is higher.
Retirement
A worker retires at the age of 60 but afterwards can work on contractual basis at the Establishment.
Unpaid Dues of a Deceased Worker
a worker’s due to his death shall be paid to the person nominated by the concerned worker on his behalf or legal heir or heirs of the deceased worker. If there is no such nominee or legal heir, for any reason or not possible to be paid to the nominee or legal heirs within twelve (12) months, then such amount needs to be deposited with the Bangladesh Labour Welfare Foundation.
Death of a Worker
Under the Bangladesh Labour Act 2006, as amended 2013, (‘BLA’) the maximum amount of compensation which may be awarded in cases of workplace deaths to the dependents of a deceased worker is Taka 1,00,000 (one lakh).1 In case of death, the sum must be deposited in the Labour Court by the employer. In such cases the pay outs are relatively speedy and may be realised within a year or so by the bereaved family members of the deceased worker.
In case a worker suffers permanent disablement as a result of a workplace injury, the amount of compensation provided will be Taka 1,25,000 (one lakh twenty five thousand). In case of workers who suffer temporary disablement, compensation may be assessed for the period of their disablement or one year whichever is less.
Maternity Benefit-
Every pregnant woman will get:
Maternity leave and
Maternity benefit
Every woman will have the right to get payment of maternity benefits. The benefit period will be a total 16 weeks ideally comprising 8 (eight) weeks preceding the expected day of her delivery and 8 (eight) weeks immediately following the day of her delivery.
A Woman shall not get maternity benefit unless she has worked under the employer, for a period of not less than 6 (six) months immediately preceding the day of her delivery. In addition, no maternity benefit shall be payable to any woman if, at the time of her confinement, she has two or more surviving children. However, in that case, she has the right to claim other available leaves.
Section 45(2) prohibits a woman employee from working in any establishment for the eight weeks immediately after the day of delivery.
Any pregnant woman entitled to maternity benefits under this act may, on any day, give notice either orally or in writing to her employer that she expects to be confined within eight weeks. She may also nominate a person for the purpose of receiving payment of maternity benefits in case of her death. When such a notice is received employer shall permit the woman to be absent from work from the day following the date of notice until eight weeks after the day of delivery.
Any woman who fails to give such notice and delivered a child, shall within seven days, give similar notice to her employer that she has given birth to a child. In this case, maternity leave begins from the day of delivery until eight weeks after the day of delivery.
If any notice or order of discharge, dismissal, removal or termination of employment is given by an employer to a woman within a period of six months before and eight weeks after her delivery and such notice or order is given without sufficient cause, she will not be deprived of any maternity benefit to which she would have become entitled under the act.
As per new amendment, a positive provision has been introduced by allowing four weeks leave in the event of miscarriage.
General Benefit upon separation
If a permanent worker’s employment is terminated under section 26 of the Labour Act, he or she will be entitled to compensation of 30 days’ wages for every completed year of service or gratuity (if any at the workplace), whichever is higher.
If below benefits are available at workplace, it shall be calculated in this rate
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Fund Name |
Calculation |
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Provident Fund |
A permanent worker who has completed 1 (one) year of service in an establishment, where the provident fund is constituted and the employee is subscribed to the provident fund, shall in every month contribute to, unless otherwise agreed upon, 7%-8% of his/her basic wage and the employer shall contribute to it an equal amount. |
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Gratuity Fund |
An employee will be entitled to gratuity payment at the rate of at least 30 (thirty) days of recent wages, for every completed year of his/her service or for a period of his/her service exceeding 06(six) months, and in the case of his/her service of more than 10 (ten) years, at the rate of 45 (forty-five) days of recent wages. The gratuity payment is payable on the termination of the employment. |
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Participation Fund, the Welfare Fund (Funds) and Workers Welfare Foundation Fund. |
An establishment shall pay, within 9 (nine) months of the close of every year, five percent (5%) of the net profit of the previous year at the proportion of 80:10:10 respectively to the participatory fund, welfare fund and worker’s welfare foundation fund. |
Miscellaneous
A worker may be required to work on any festival holiday, but two day’s additional compensatory holidays with full pay and a substitute holiday shall be provided for him.
Probation period for a worker is maximum for 6 months
Interns are not allowed for wage
Labour Law is not applicable on government employees
