By Ms. Maisha Ahmed

 DEATH BENEFIT (Section -19)

The wages shall be given by the employer to the person the employee nominates or, in his absence, to the dependents if the employee dies in service after completing at least 3 (three years) of service in successive years. Along with any other compensation to which the deceased employee would have been entitled had he left the service, the employee is also entitled to 30 (thirty days) of wages for each year of service completed, or for any portion thereof that exceeds 6 (six months), or gratuity, whichever is higher:

 Provided, however, that where such an employee is covered under a compulsory insurance scheme of any establishment, or if such a death is compensable under Chapter XII, the employee is entitled to whichever is higher.

CASUAL LEAVE ( Section- 115)

Every worker shall be entitled to casual leave the full wages for 10 (ten) days in a calendar year, and similar leave shall not be accumulated and carried forward to the succeeding year in Bangladesh.

SICK LEAVE (Section- 116)

Every worker (except a newspaper worker) shall be entitled to sick leave with full wages for 14(fourteen) days in a calendar year and no such leave shall be granted unless a registered medical practitioner, certifies that the worker is ill and requires leave for treatment. Such leave shall not be accumulated and carried over to the next year.

LABOUR RULE 106

The employee may take casual and sick leave before or after the weekly leave or occasional leave under Sections 115 and 116. In that case, the weekly or occasional leave shall not be considered as Casual leave.

However, if a weekly or festival leave falls on Casual or Sick leave, it is a leave to be included in the original leave. In addition, the employee can enjoy the leave proportionately if he joins it at the workplace at any time during the year.

ANNUAL LEAVE WITH WAGES (Section 117)

Every adult employee who has worked one year for a company is entitled to paid leave for a certain number of days calculated at the rate of one day throughout the remaining 12 (twelve months) of the year.

  1. 1(one) day for every 18 days of work, in case of a shop or commercial or industrial establishment or factory or road transport establishment;
  2. 1 (one) day for every 22 days of work, in the case of tea plantation;
  3. 1 (one) day for every 11 days of work, in the case of a newspaper worker.

If a worker does not take the above-mentioned leave, he may still claim it within the subsequent twelve-month period of time.

LABOUR RULE 107

Whencalculating under section 117 Annual or Earned Leave, the employee’s presence at the workplacefor the previous 12 (twelve) months mustbe considered.

RIGHT TO, AND LIABILITY FOR, PAYMENT OF MATERNITY BENEFIT (SECTION 46)

Every woman working in a company is entitled to, and her employer is responsible for, the payment of maternity benefits for the eight weeks preceding up to and eight weeks immediately after the day of her scheduled delivery.

 SITUATIONS WHERE MATERNITY BENEFITS ARE LIMITED OR NOT POSSIBLE

LABOUR RULES 38 

In case of the section 46(2), “for what leave is entitled to get” means annual earned leave and sick leave. However, if the sick leave is adjusted, the pregnancy is treated as a medical certificate.

Provided that if additional leave is required after the said leave has been adjusted, the firm’s owner may in such case grant the employee concerned leave without pay.

PAYMENT OF MATERNITY BENEFIT IN CASE OF A WOMEN’S DEATH (SECTION-49)

If a woman is entitled to maternity under this Act, if shedies during childbirth or inthe following 8(Eight) months, the employer paysmaternity leave for a newbornchild survives,to the person caring forthe childand if the child does not survive her;to the person nominated by her under this chapter, or if she has made no such nomination, to her legal representative.

If the woman dies while receiving maternity leave but before the birth of the child, the employer is responsible only for the time that has passed until the date of her death; however, the amount already paid to her over this obligation cannot be recovered by his legal representative. In the event of the woman’s death, the money owed shall be paid to the person nominated by her under the provisions of this chapter, or if she has not nominated anyone, to the government agency nominated by the government.

AMENDED RULES

Maternity benefits are addressed by three amendments. First, a new proviso was added at the end of rule 38 that states if a woman gives birth after the scheduled time of 8(eight weeks) preceding the expected date of her delivery, the days that pass after the scheduled time of eight weeks shall be modified under the Rules. Secondly, if a woman miscarries before the expected start date of her maternity leave, she will be entitled to 4 (four weeks) of leave for medical reasons; no deductions from earnings will be made, and this maternity leave can’t be paired with any other leave that is due to her.

Finally, new rule 39A (Calculation of maternity benefits) sets out how maternity benefits are calculated and allow statutory deductions from her provident fund.

CLASSIFICATION OF HOLIDAYS UNDER LABOUR LAW 2006

According to the law, workers may take two types of holidays

1. Festival Holidays

2. Weekly Holidays

FESTIVAL HOLIDAYS (SECTION 118)

Each employee is allowed 11(Eleven) paid days off during the calendar year of the festival holiday.

When an employee works on a festival holiday, they are given two substitute days off in addition to two more days off with compensation.

WEEKLY HOLIDAYS (Section -103)

a) which is a shop or a commercial enterprise or an industrial enterprise, one and half days holiday every week and one day a week in the factory and place of business are allowed;

b) If an employee works for a road transport company, he is entitled to one 24-hour (twenty-four) day off per week, and the employee’s wages will not be deducted from such holidays.

which is a road transport service, shall be allowed in each week one day’s holiday of twenty-four consecutive hours; and no deduction on account of such holidays shall be made from the wages of any such worker.

LABOUR RULES 101

According to Section 103, if weekly leaves cannot be granted, the employee shall get their due leaves within the next three 3 (three workings)days.

No employee can be employed continuously for more than 10 (ten) days without giving him a weekly leave.

CALCULATION OF  WAGES AND PAYMENT DURING LEAVE OR HOLIDAY PERIOD (Section-119)

An employeewho has beengranted leave under this Act shallbe paid wagesequal to his full-time average daily wage, including dearness allowances and any ad hoc or interim pay for days worked in the month before the leave, minus any overtime pay and bonuses.

RESTRICTION ON TERMINATION OF EMPLOYMENT OF A WOMAN IN CERTAIN CASES (Section -50)

if an employer gives a woman any notice or order of discharge, dismissal, removal, or termination of employment between 6 (six) months and 8 (eight) weeks after her delivery and such notice or order is given without sufficient cause. She will not lose maternity benefits to which she would be entitled.

PROVIDENT FUNDS FOR WORKERS IN PRIVATE SECTOR ESTABLISHMENTS (Section 264)

An establishment in the private sector may constitute for the benefit of its worker a provident fund. Such provident fund shall be held and administered by a board of trustees. After one year of working in the institution forming the provident fund, each permanent employee must subscribe to the fund at least (7%) seven percent and a maximum of 8% (eight percent) every month,  unless otherwise agreed on the monthly salary and the employer contributes the same amount. Notwithstanding anything contained in this section, a private company must create a provident fund for the benefit of its employees if three-fourths of the total number of employees demand it in writing to the employer. Additionally, the Labor Act of 2006 has provisions that require the establishment of provident funds for newspaper and tea plantation workers.

GRATUITY BENEFIT  Section 2(10)

the wages of at least 30 (thirty) days, at the rate of the wages a worker received last, for every completed year of his service or for a period of his service exceeding 6(six) months or, in the case of his service of more than 10 (ten) years, the wages of 45 (forty-five) days at the rate of the wages he received last, which is payable to such worker on the termination of his employment.

TERMINATION OF EMPLOYMENT BY EMPLOYERS OTHERWISE THAN BY DISMISSAL (SECTION 26)

If a permanent worker’s employment is terminated undersection26 of the Labor Act,he or she is entitled, to receive compensation in the amount of 30 ( thirty days) wages for each completed year of service or gratuity(if any), whichever is higher, under section 26 (4)of the Labor Act.

RETRENCHMENT (SECTION 20)

No workerwho has worked continuouslyfor the employer for at least one year shall be retrenched by the employer unless-

he was paid compensation at the rate of 30 ( thirty days) wages or gratuity for each completed year of service, if any, whichever is higher.

DISCHARGE FROM SERVICE (Section -22)

If an employee who has completed at least 1 (one) year of continuous service is discharged, he shall be paid by the employer compensation in the number of 30(thirty days) wages for every completed year of service, or gratuity, if any whichever is higher.

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