The legal provision in relation to leaving and holidays under Labour Law is important to know for employees and employers as well. In addition, the HR of a company must know the exact procedure for leave and holidays as per labour law. Therefore, this article will focus on various types of leave and holidays, procedures and benefits available to a worker. Furthermore, this article has focused on maternity leave and benefits for women in Bangladesh.
Types of Leaves under Labour Law
Three types of leave are available to workers under the labour law 2006 which are:
- Casual leave
- Sick leave
- Annual leave
CASUAL LEAVE
Every worker shall be entitled to casual leave with full wages for 10 (ten) days in a calendar year. Such leave shall not accumulate and be carried forward to the succeeding year.
SICK LEAVE
Every worker shall have a right to claim sick leave with full wages for 14 (fourteen) days in a calendar year. No such leave shall be allowed unless a registered medical practitioner examines him. In addition, Doctor has to issue certifies thereof. Such leave shall not be accumulated and carried forward to the succeeding year.
ANNUAL LEAVE WITH WAGES
Every adult worker having after competition one year of continuous service in an establishment, shall able to claim annual leave. An employee during the subsequent period of twelve months can claim annual leave. The annual leave will be calculated at the rate of one day of leave with wages for every 18 working days.
If a worker does not avail of the leave as mentioned above, still he can claim that in the succeeding period of twelve months.
Types of holidays Under Labour Law
There are two types of holidays available for workers under the act which are:
- Festival holidays
- Weekly holidays
Festival holidays:
Every worker will get 11 (eleven) days of paid festival holiday in a calendar year. In case of working on any festival holiday, a worker will get two days’ additional compensatory holidays with full pay and a substitute holiday.
Weekly holiday:
An adult worker can claim each week –
- one and half days holiday for the 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 a road transport service; and no deduction on account of such holidays shall be made from the wages of any such worker.
Calculation of wages during leave or holiday
For the leave or holidays under this Act, a worker shall get at the rate equal to the daily average of his full-time wages. The wage will include dearness allowances, and ad-hoc or interim payments, if any, for the days on which he worked during the month immediately preceding the leave. But it will exclude any overtime allowance and bonus.
PAYMENT OF WAGES FOR UNVEILED LEAVE
A worker having due annual leave is dispensed with whether as a result of retrenchment, discharge, removal, dismissal, termination, retirement or by reason of his resignation, the employer shall pay his wages in lieu of the unveiled leave. The rate of the wage will be the same as any worker is entitled to during the period of his leave in accordance with the Labour Act 2006.
Procedure for Leave
A worker who desires to obtain leave of absence shall apply to the employer in writing stating his leave address therein. The employer shall issue orders on the application within seven days of the application or two days prior to the commencement of leave applied for, whichever is earlier. However, if due to urgent reasons, the leave applied for is to commence on the date of application or within three days then the order shall be given on the same day.
Acceptance and refusal of leave
If an employer grants a leave, then obviously he will issue a leave pass to the worker. In case of refusal of leave, the employer must give a reason for such refusal. The employer shall communicate it to the worker before the date of commencement of expected leave.
Extension of leave
If the worker, after convincing of leave, desires an extension, he shall apply sufficiently in advance before the expiry of the leave to the employer. The employer shall send a written reply either granting or refusing an extension of leave to the worker to his leave address.
Maternity Benefit
Every pregnant woman will get:
- Maternity leave and
- Maternity benefit
Right to Maternity Benefit
Every woman will have the right to get payment of maternity benefits. The benefit period will be 8 (eight) weeks preceding the expected day of her delivery and 8 (eight) weeks immediately following the day of her delivery.
When maternity benefit is not possible
Women shall not get maternity benefit unless she has worked under the employer, for a period of not less than 6 (six) months immediately preceding the day of her delivery. In addition, no maternity benefit shall be payable to any woman if, at the time of her confinement, she has two or more surviving children. However, in that case, she has the right to claim other available leaves.
Procedure for maternity benefit
Any pregnant woman entitled to maternity benefits under this act may, on any day, give notice either orally or in writing to her employer that she expects to be confined within eight weeks. She may also nominate a person for the purpose of receiving payment of maternity benefits in case of her death. When such a notice is received employer shall permit the woman to be absent from work from the day following the date of notice until eight weeks after the day of delivery.
Any woman who fails to give such notice and delivered a child, shall within seven days, give similar notice to her employer that she has given birth to a child. In this case, maternity leave begins from the day of delivery until eight weeks after the day of delivery.
Amount of maternity benefit
The maternity benefit which is payable under this act shall be payable at the rate of daily, weekly or monthly average wages. The daily, weekly or monthly average wages, shall be calculated by dividing the total wages earned by the woman during the three months immediately preceding the date on which she gives notice by the number of days she actually worked during the period. Such payment shall be made wholly in cash.
Restriction on termination of a woman
If any notice or order of discharge, dismissal, removal or termination of employment is given by an employer to a woman within a period of six months before and eight weeks after her delivery and such notice or order is given without sufficient cause, she will not be deprived of any maternity benefit to which she would have become entitled under the act.
LEGAL ASSISTANCE ON EMPLOYMENT MATTERS AT CLP
CLP, Law Chamber in Dhaka, experts in providing legal assistance on leaves and holidays under Labour Law for employees. For queries or legal assistance, please reach us at:
Email:info@counselslaw.com
Phone:+8801700920980. (WhatsApp) +8801947470606. Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.
