Leave and holidays under labour lawLeave and holidays under labour law in Bangladesh:
Employees and employers should be aware of the legal provisions regarding leave and holidays under Labour Law. Furthermore, a company’s human resources department must understand the exact method for leave and holidays under labor law. As a result, this essay will concentrate on the many forms of leave and holidays, procedures, and perks offered to employees. Furthermore, this article has concentrated on maternity leave and women’s benefits in Bangladesh.
Workers have three forms of leave available to them under the Labour Law of 2006. These are:
- Unexpected absence
- Illness leave
- Annual vacation
Every employee has the right to 10 (ten) days of unpaid leave in a calendar year. Such leave may not be accumulated and carried forward to the following year.
LEAVE FOR SICKNESS
Every employee has the right to 14 (fourteen) days of sick leave with full pay in a calendar year. No such leave will be granted unless he is examined by a qualified medical practitioner. Furthermore, the doctor must offer certifications. Such leave may not be accrued and carried over to the following year.
ANNUAL LEAVE WITH COMPENSATION
Every adult worker who has completed one year of continuous service in an establishment shall be eligible for yearly leave. An employee may request annual leave within the next twelve months. Annual leave shall be calculated at the rate of one day of paid leave for every 18 working days.
If a worker does not take the above-mentioned leave, he can still claim it within the next twelve months.
Holidays in accordance with Labor Law
The statute provides for two sorts of holidays for workers, which are:
- Festival vacations
- Weekly vacations
Every employee will receive 11 (eleven) days of paid festival vacation every calendar year. If a worker works on a festival holiday, he or she will receive two additional compensatory holidays with full salary and a substitution holiday.
Each week, an adult worker can make a claim –
one and a half days holiday for a shop, commercial establishment, or industrial establishment, and one day in a week for a factory and establishment; can claim one day’s holiday of twenty-four consecutive hours if he works for a road transport service; and no deduction on account of such holidays shall be made from any such worker’s wages.
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 pay. The wage will include dearness allowances and, if applicable, ad-hoc or interim compensation 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 yearly leave is forfeited due to retrenchment, discharge, removal, dismissal, termination, retirement, or resignation, the employer must pay his earnings in lieu of the forfeited leave. The wage rate will be the same as any other worker is entitled to while his absence 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, giving his or her intended leave address. The employer must issue orders on the application within seven days after 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 approves a leave, he will undoubtedly issue a leave permit to the employee. In the event of a refusal to provide leave, the employer must provide a rationale for the rejection. The employer must notify the employee prior to the start of the scheduled leave.
If the worker desires an extension of leave after convincing the company, he must apply to the employer sufficiently before the leave expires. The employer must give a written response to the worker’s leave address, either granting or denying an extension of leave.
Every pregnant mother will receive the following:
Maternity Benefit and Maternity Leave
Right to Maternity Leave
Every mother will be entitled to receive maternity benefits. The benefit period will be 8 (eight) weeks before the predicted 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 mother if she has two or more surviving children at the time of her confinement. In that circumstance, she has the option of claiming more available leaves.
Maternity Benefit Procedure
Any pregnant woman eligible to maternity benefits under this act may provide notice to her employer, either orally or in writing, on any day that she expects to be confined within eight weeks. She may also name someone to receive maternity benefits in the event of her death. When such a notice is received, the employer must allow the lady to stay absent from work from the day after the notice date until eight weeks after the day of delivery.
Any woman who fails to provide such notice and gives birth to a child must notify her employer within seven days that she has given birth to a kid. In this situation, maternity leave begins on the day of delivery and ends eight weeks afterwards.
Maternity benefit amount
The maternity benefit provided by this legislation shall be paid at the rate of daily, weekly, or monthly average salaries. The daily, weekly, or monthly average wages are computed by dividing the total wages earned by the woman during the three months immediately before the day on which she provides 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.
EMPLOYMENT LEGAL ASSISTANCE AT Tahmidur Rahman Remura Wahid:
How ‘Tahmidur Rahman & TR Barristers in Bangladesh Associates’ helps the Employee/Employer according to Labour Law Provisions of Bangladesh
At TR Barristers in Bangladesh in Gulshan, Dhaka, Bangladesh, the barristers, lawyers and lawyers are highly experienced in dealing with labor disputes. It also has experience in consulting and assisting numerous international clients, in addition to handling various issues related to employment service among domestic clients on a regular basis.
For queries or legal assistance, please reach us at:
Phone: +8801847220062 or +8801779127165
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