Understanding Leave and Holiday under Labour Law in Bangladesh
For both employers and employees, understanding the legal framework of leave and holidays is essential for maintaining a compliant and fair workplace. The Bangladesh Labour Act, 2006, as amended by the Bangladesh Labour (Amendment) Act, 2018, provides comprehensive provisions on leave entitlements, public holidays, and related matters for workers across the country.
In this article, we break down the types of leave, eligibility criteria, and employer obligations to help both employers and employees understand their rights and duties.
1. Weekly Holiday
Under Section 103 of the Bangladesh Labour Act, every worker is entitled to at least one day off per week as a weekly holiday. In establishments that operate on a continuous shift basis, two half-days may be given instead of one full day off.
The day of the weekly holiday must be notified in writing and displayed in a conspicuous part of the workplace.
2. Casual Leave
As per Section 115, a worker is entitled to 10 days of casual leave with full wages in a calendar year.
Key Features:
- Casual leave is intended for urgent or unforeseen personal matters.
- It cannot be accumulated or carried forward to the next year.
- Approval is subject to employer discretion but should not be unreasonably withheld.
3. Sick Leave
Under Section 116, every worker is entitled to 14 days of sick leave per year with full wages.
Conditions:
- The employer may require the worker to produce a medical certificate from a registered medical practitioner.
- Sick leave cannot be carried forward to the next calendar year.
- This entitlement is exclusive and cannot be merged with other types of leave.
4. Annual or Earned Leave
According to Section 117, workers who have completed one year of continuous service are entitled to one day of earned leave for every 18 days of work.
Additional Details:
- Earned leave can be accumulated up to 60 days.
- If a worker is discharged, dismissed, or resigns, any unused earned leave must be paid in cash.
- The employer must maintain a Leave Register to track accrued and used earned leave.
5. Festival Holidays
Under Section 118, workers are entitled to 11 days of paid festival holidays each calendar year.
Implementation:
- The specific dates must be notified in advance by the employer.
- If a worker is required to work on a festival holiday, they are entitled to:
- A substitute day off with pay or
- Overtime wages as per law (Section 108)
6. Maternity Leave
The Maternity Benefit provisions are outlined under Sections 45–50 of the Labour Act.
Key Points:
- A female worker who has worked for at least 6 months preceding the date of delivery is entitled to 8 weeks of maternity leave before and 8 weeks after childbirth, totaling 16 weeks.
- During this period, she is entitled to full wages.
- The employer cannot dismiss or penalize a worker solely due to pregnancy.
7. Leave for Temporary Disablement
Under Section 150, if a worker suffers temporary disablement due to a workplace injury, they are entitled to medical treatment and compensation during the period of incapacity.
8. Procedure and Records
As per the Labour Rules 2015:
- Employers must maintain a Leave Register (Form 14) detailing the leave record of every employee.
- Applications for leave (except casual leave) should ideally be made in advance.
- Refusals or adjustments should be recorded in writing to avoid disputes.
Common Compliance Pitfalls for Employers
- Failing to maintain proper records or registers
- Not providing leave encashment on termination
- Arbitrary denial of entitled leave
- Misclassification of workers to avoid leave liabilities
Employers are encouraged to integrate a transparent leave policy aligned with the Labour Act and ensure awareness among workers.
Conclusion
Proper adherence to leave and holiday provisions ensures better industrial relations and a more productive workforce. For employees, understanding these entitlements allows them to assert their rights without fear of reprisal for leave and holiday. For employers, compliance with leave laws reduces legal risks and fosters a more committed team.
At our firm, we assist businesses and employees with all aspects of labour law compliance, including drafting HR policies, dispute resolution, and representation before labour courts. Whether you’re an employer designing a leave management system or a worker seeking legal redress, our experienced team is here to help.
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