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Bangladesh Labour Act-2006

Any dispute arises within this Act shall


have to be filed in the Labour Court
Tribunal.
Tribunal V. Court
Administrative law V Labour Act

Kinds of worker
Casual: Occasional in nature who is engaged on
indefinite job or for definite periods.
Apprentice: A learner or trainee and gets payment
in that time.
Badli: In temporary absence of a permanent worker,
a badli worker is engaged during that period.

Temporary: employment is likely to be finished


within a limited period.
Probationer: provisionally employed in to fill a
permanent post/vacancy but has not completed the
probation period. According to the judgment of the
Supreme Court if a worker completes the
probation period s/he may be qualified to be a
permanent worker in the establishment.

Permanent: basically employment is permanent


in nature or after completion of the probation period
the authority is satisfied with

and accepts as

permanent.
Employee and employer legal relation
Employer is in a position to (i) make contract with
condition of service, (ii) select the best as worker,
(iii) pay the wages or other remunerations,

(iv) Control the method of working, (v) dispense with


the service. The employer as master is vicariously
liable for the act of his servant doing. Sometime an
employer acts as principal and becomes liable for the
act done by his worker as agent. A worker may be
escape from the liability of doing anything if he can
satisfied with the Court that the act was been done
during the course of the employment.

Section 2 (Lviii): Lay Off


means the failure, refusal or inability on account of
shortage of coal, power or raw material or the
accumulation of stock or the break-down of
machinery to give employment to a worker.
Section 16:
(i) compensation for all days counting as laid off
except the holidays

(ii) half of basic wage + dearness allowance + housing


allowance for at best 45 days + 15 days (in case of
excessive lay off period) in a calendar year
(iii) Badli workers are excluded from such lay off
compensation.
Retrenchment
Conditions: i. redundancy

ii. Employee has expired one year period


iii. Written notice or wages in lieu of notice
iv. Notice also to Chief Inspector or Collective
Bargaining Agent (CBA)
v. One month wages or gratuity whichever is higher
vi. Last persons employed are subjected to be
retrenched.

Discharge
In case of physical or mental incapacity or continued ill
health. Supreme Court held that 211 days absence for
illness may be deemed as continuous ill health.
Dismiss
In case of (i) conviction for any criminal offence or (ii)
guilty of misconduct .

i.
ii.
iii.
iv.
v.
vi.
vii.

Procedure of punishment for misconduct


complaint/allegation in writing
7 days time for explanation
Opportunity of defense
Suspension for 60 days
Accused can take help from his nominated person in
the same establishment
During enquiry or investigation examination of
witnesses or cross examination is permissible
Employers approval of conviction after finding him
guilty.

Termination
Permanent worker:
i. 120 days notice in case of monthly rated worker
ii. 60 days notice for other
Temporary worker:
where termination is not for completion, cessation,
abolition or discontinuance
i. 30 days notice for monthly rated worker
ii. 14 days notice for other

Defense mechanism
i. written objection within 30 days of allegation
ii. Enquiry by the authority, witness examination and
final order after 15 days of receiving written
objection
iii. Filing case in Labour Tribunal in case of
dissatisfaction
iv. Complete trial in Labour Court

v. Appeal against Labour Court order within 30 days of


its pronouncing
vi. No Court fee and complaint never amounts to
prosecution.
Scrutiny by Court
procedural
defect,
irregularities,
unfairness,
discrimination and partiality are considered for
conducting whole procedure.