Casual Leave law in Bangladesh in 2023
As a leading labour law firm in dhaka, we have extensive experience in advising clients on the legal requirements for setting up and operating a business in the country. With its huge population and a large portion of that population being below 30, Bangladesh has become an increasingly attractive destination for new business owners, entrepreneurs, and large corporations looking to move manufacturing overseas.
However, as with starting a business in any other country, it is essential for those who are new to Bangladesh to familiarize themselves with local laws and customs, particularly those related to owning and operating a business. Employers in Bangladesh must comply with the federal labor laws, which govern working hours, conditions of employment, salaries, leave, and health policies, among other matters.
The employment laws in Bangladesh are regulated by the 2006 Labor Act and the 2015 Labor Rules, which apply to all employees or laborers working in commercial or industrial enterprises. The term “worker” refers to an employee or apprentice of an establishment or industry employed directly or via a contractor to carry out specific tasks. This also applies to unqualified, technical, or clerical hires.
Types of Workers
New employers must be aware of the different categories of workers in Bangladesh, as the employee’s designation will have a direct impact on their compensation and benefits. These categories include temporary, substitute, seasonal, probationer, permanent, casual, and apprentice workers.
- Temporary: This job is temporary in nature and must be completed within a specified time period.
- Substitute: This means the post of a permanent worker.
- Seasonal: As the name implies, it means working during a particular season and remaining employed until the end of the season.
- Probationer: This means being employed during the period of probation.
- Permanent: This is usually employment after probation
- Casual: Not regular in nature
- Apprentice: As a trainee (free or paid)
As per the 2006 Labor Act of Bangladesh, all employees are allowed to work for 8-hours in a single day. Any shift that exceeds 6-hours must include a 1-hour lunch break, while 5-hour shifts must have a 30-minute lunch break. Workers in Bangladesh are allowed to complete up to 48 hours of work in a single week.
In Bangladesh, there are specific rules regarding overtime. For instance, workers are allowed to complete up to 10-hours a day and up to 60-hours a week in overtime. Night shift workers must be given a 24-hour break between each shift.
Each worker’s wage must be paid by the end of the seventh day after the final day on which the payment is due, according to Bangladesh’s Employee Rights and Labor Law. The same rules apply for those employees whose employment has been terminated by the employer for various reasons, such as retirement, removal, dismissal, or retrenchment. It should be noted that a wage may include a salary, bonus, or remuneration for overtime or any other remuneration that is payable during the course of employment.
Workplace safety is a basic right of any employee and employers in Bangladesh are required to provide a safe and healthy work environment for their employees. The Act requires employers to inspect machinery on a regular basis to guarantee workplace safety. Provisions governing worker safety are included in Section 75 of the Act of 2006. The Act also prohibits personnel from performing tasks where there is likely to be harmful gases, combustible objects, or any other danger. Keeping the employee safe is the sole responsibility of the employer.
Paid and unpaid holidays include weekly holidays, personal leave, sick leave, festival leaves, maternity leave, and annual leaves. Casual leave days are granted due to illness, minor accidents, or other urgent matters that prevent the employee from performing their duties at the workplace. In Bangladesh, casual leaves amount to 10 days in a year and are paid leaves. 14 days of sick leave are granted to employees in Bangladesh with a doctor’s certificate. Annual leave may vary depending on the industry.
Holidays in accordance with Labor Law:
The act provides for two types of holidays for workers, which are:
Every employee will receive 11 (eleven) days of paid festival vacation per calendar year. If a worker works on a festival holiday, he or she will receive two additional compensatory holidays with full pay and a substitute holiday.
An adult worker may take one and a half days off in a week for a shop, commercial establishment, or industrial establishment, and one day off in a week for a factory and establishment; may take one day off in a week for twenty-four consecutive hours if he works for a road transport service; and no deduction for such holidays shall be made from the wages of any such worker.
Wage calculation while on leave or vacation
A worker shall receive leave or holidays under this Act at the rate equal to the daily average of his full-time wages. The wage will include dearness allowances and, if applicable, ad-hoc or interim pay for the days worked in the month preceding the leave. However, it will not include any overtime pay or bonuses.
WAGE PAYMENT FOR UNVEILED LEAVE
If a worker’s annual leave is forfeited due to retrenchment, discharge, removal, dismissal, termination, retirement, or resignation, the employer must pay his wages in lieu of the forfeited leave. The wage rate will be the same as any other worker is entitled to during his leave under the Labour Act of 2006.
Procedure for Taking Leave
A worker who wishes to take a leave of absence must apply to his or her employer in writing, stating his or her intended leave address. The employer must issue orders on the application within seven days of the application or two days before the start of the requested leave, whichever is later. However, if the leave requested is to begin on the date of application or within three days, the order must be issued on the same day.
Acceptance and rejection of leave
If an employer grants a leave, he will undoubtedly issue a leave pass to the employee. If a leave is refused, the employer must provide a reason for the refusal. The employer must notify the employee prior to the start of the expected leave.
If the worker desires an extension of leave after convincing the employer, he must apply to the employer sufficiently before the leave expires. The employer must send a written response to the worker’s leave-address, either granting or refusing an extension of leave.
Maternity leave and maternity benefits will be provided to all pregnant women.
Right to Maternity Leave
Every woman will have the right to maternity benefits. The benefit period will be 8 (eight) weeks before the expected day of her delivery and 8 (eight) weeks after her delivery.
When maternity leave is not available
Women are not eligible for maternity benefits unless they have worked for the employer for at least 6 (six) months prior to the date of their delivery. Furthermore, no maternity benefit shall be paid to any woman if she has two or more surviving children at the time of her confinement. However, in that case, she is entitled to other available leaves.
Maternity Benefit Procedure
Any pregnant woman entitled to maternity benefits under this act may give her employer notice, either orally or in writing, that she expects to be confined within eight weeks on any day. She may also designate someone to receive maternity benefit payments in the event of her death. When such a notice is received, the employer must allow the woman to miss work from the day after the date of notice until eight weeks after the day of delivery.
Any woman who fails to give such notice and gives birth to a child must notify her employer within seven days that she has given birth to a child. In this case, maternity leave is granted from the day of delivery until eight weeks later.
Maternity benefit amount
The maternity benefit provided by this act shall be paid at the rate of daily, weekly, or monthly average wages. The daily, weekly, or monthly average wages shall be calculated by dividing the total wages earned by the woman during the three months preceding the date on which she gives notice by the number of days worked during the period. Such payment must be made entirely in cash.
Limitation on female euthanasia
If an employer gives a woman a notice or order of discharge, dismissal, removal, or termination of employment within six months before and eight weeks after her delivery, and such notice or order is given without sufficient cause, she will not be denied any maternity benefit to which she would have become entitled under the act.
Law firm to hire for your labor and employment problems:
TLS, Law Chamber in Dhaka, experts in providing legal assistance for employees on leaves and holidays under Labour Law. Please contact us at email@example.com if you have any questions or need legal assistance.
Please contact us at:
Phone: +8801847220062 | +8801779127165
Address: House 410, Road 29, Mohakhali DOHS, Dhaka.