leave and vacation Under Labour Law of Bangladesh:
It is important for both employees and employers to be aware of the Labor Law’s provisions regarding leave and vacation. In addition, according to labor law, the HR department of a company must be aware of the exact procedure for leave and holidays. Consequently, this article will focus on the various types of leave and holiday, procedures, and benefits available to an employee. In addition, the focus of this article is on maternity leave and benefits for women in Bangladesh.
The Labour Law of 2006 provides workers with three types of leave, namely:
- Casual leave
- Illness leave
- Annual leave
CASUAL LEAVE
Every employee is entitled to ten (ten) days of unpaid leave during the calendar year. Such leave shall not accrue or be carried over to the next year.
SICK LEAVE
Every worker shall be entitled to fourteen (fourteen) days of paid sick leave per calendar year. No such leave shall be granted without an examination by a licensed physician. In addition, the Doctor must issue corresponding certificates. Such leave may not be accrued or carried forward to the following year.
ANNUAL LEAVE WITH WAGES
Every adult employee with one year of continuous service in an organization shall be eligible for annual leave. During the subsequent twelve months, an employee may request annual leave. Annual leave will be calculated at the rate of one day of paid leave for every eighteen days of work.
If a worker does not take the above-mentioned leave, he may still request it within the subsequent twelve months.
Labour Law Attorney and telephone number
Labour Law Attorney and telephone number
Types of holidays governed by the law
According to the law, two types of holidays are available to workers:
Festival vacations
Weekly holidays
Festival vacations:
Every employee will receive eleven (eleven) paid festival days per calendar year. If a worker is required to work on a festival holiday, he or she will receive two additional paid holidays and a substitute holiday.
Weekly holiday:
Each week, an adult worker is eligible to claim –
one and a half days holiday for shop, commercial establishment, or industrial establishment, and in a factory and establishment one day in a week; can claim in each week one day’s holiday of twenty-four consecutive hours if he works for road transport service; and no deduction shall be made from the wages of any such worker on account of such holidays.
Payroll calculation during leave or vacation
A worker shall be compensated at a rate equal to the daily mean of his full-time wages for any leave or holidays provided by this Act. The salary will include dearness allowances and, if applicable, ad-hoc or interim pay for days worked in the month immediately preceding the leave. However, it will exclude overtime pay and bonuses.
PAYMENT OF WAGES FOR UNVEILED LEAVE
If a worker who is entitled to annual leave is let go as a result of retrenchment, discharge, removal, dismissal, termination, retirement, or resignation, the employer must pay the worker’s wages in lieu of the unpaid leave. The rate of pay will be the same as any worker is entitled to during his leave period under the Labour Act of 2006.
Method for Leaving
A worker who wishes to obtain a leave of absence must submit a written request to his employer that includes his leave address. The employer shall issue orders within seven days of the application or two days prior to the start of the leave requested, whichever is earlier. Nevertheless, if the requested leave is to begin on the date of application or within three days, then the order will be issued on the same day.
Acceptance versus denial of leave
Obviously, if an employer grants a leave, he will issue a leave pass to the employee. In the event of a leave denial, the employer must provide an explanation. It must be communicated to the employee prior to the anticipated start date of the leave.
Prolongation of leave
If the employee, after convincing the employer of the need for leave, desires an extension, he must submit a request to the employer well in advance of the leave’s expiration. The employer must send a written response to the employee’s leave-address granting or denying an extension of leave.
Pregnancy Benefit
Every pregnant woman will get:
Maternity benefit and maternity leave
Possession of the Right to Maternity Benefit
Every woman will be eligible to receive maternity benefits. The benefit period will be 8 (eight) weeks prior to the expected date of her delivery and 8 (eight) weeks following the date of her delivery.
When maternity benefits cannot be provided
Women are not eligible for maternity benefits unless they have worked for the employer for at least six months immediately preceding the date of delivery. In addition, no maternity benefit is payable to a woman with two or more surviving children at the time of her delivery. In this case, she has the right to request other available leaves.
Methodology for maternity benefits
Any pregnant woman eligible for maternity benefits under this law may give oral or written notice to her employer at any time that she expects to be confined within eight weeks. She may also designate a beneficiary for maternity benefit payments in the event of her death. When such a notice is received, the employer must grant the employee leave from the day after the date of notice until eight weeks after the date of delivery.
Any woman who fails to provide the required notice and gives birth must notify her employer within seven days that she has given birth. In this instance, maternity leave begins on the day of delivery and continues for eight weeks after that date.
Quantity of maternity benefits
The maternity benefit payable under this law is calculated based on the daily, weekly, or monthly average wage. The daily, weekly, or monthly average wages shall be determined by dividing the woman’s total wages earned during the three months immediately preceding the date she gives notice by the number of days she actually worked during that period. This payment must be made entirely in cash.
Restriction on a woman’s termination
If an employer gives a woman a notice or order of discharge, dismissal, removal, or termination of employment within six months prior to her delivery and within eight weeks after her delivery without sufficient cause, she will not be denied any maternity benefits to which she would have been entitled under the act.
Hire the best labour law firm in Bangladesh:
Barrister Rahman is a Bangladeshi lawyer, businessman, and engineer. He is reportedly the first Bangladeshi to simultaneously qualify as a lawyer and an Engineer, while graduating from two differentuniversities at the same time. He was appointed as the CFO of Matte IT LTD and Altersense in 2018 and the Name Partner of Rahman Remura LP and TLS in 2022, two of the most renowned corporate law firms in Bangladesh. He is also working as an executive advisor to Alam Group which is considered in one of the biggest trading companies and grain importers in Bangladesh.
0 Comments