An assignment

On

Working hours, leave and holidays, maternity benefit in

Bangladesh Labour Act, 2006: A comparative study
(Chapter 4 and 9 of the Bangladesh Labour Act, 2006)

Course Name: Labour Law

Course Code: 401

Submitted

to:

Submitted by:
Dr. Mohammad Nazmuzzaman Bhuian
Assistant Professor
Year LL.B. (Hons)
Department of Law
of Law
University of Dhaka
University of Dhaka

Group-1
Roll No. 1-15, 4 th
Department

Date of Submission: 03/10/12

Name of the students of Group-1 with bearing Roll No.
Name

Roll No.

1.Farah Diba Sonda

2. Abdul Khalaque
3. Sanaullah
4. Asraful Islam
5. Tarikul Islam
6. Md. Kamrul Hasan
7. Md. Raihan Kawasar
8. Tipu Das
9. Fahim Tanvir Sourav
10. Abdul Kayum
11.Md. Sariatullah
12. Tasmina Khan
13. Rybiya Khanam
14.Md. Golam Mostafa

01
02
04
05
06
07
08
09
10
11
12
13
14
15

-: Table of Contents:1. Abstract...1

2. Working hours
(i)
Daily Limit..2
(ii)
Weekly Limit..3
(iii) Maximum working
(iv)

hours...4
Overtime..4
(a) Prohibitions

and

work..5

limitations

on

overtime

(b)Overtime
compensation6
(v)

Rest

and

Break.6
(vi)

Practical

stance

in

Bangladesh8
3. Leave and Holidays
(i)

Weekly
holidays..8

(ii)

Casual
Leave.9

(iii)

Sick
Leave.9

(iv)

Annual

Leave

with

wage10
(v)

Limit of Annual Leave

11

(vi)

Festival
Leave..12

(vii)

Procedure

for

Leave13
(viii) Unauthorized
Leave13
4. Maternity Benefit
14
5. Implementation

of

maternity

benefit

in

the

Labour

Bangladesh15
6. Miscellaneous

sections

of

chapter

of

Act,200616
7. Incompleteness
.19

8. Recommendations
20
9. Concluding
remarks.20
Abstract:
Labour laws play very crucial role in the industrial relation system. The
British law of master and servant is the foundation of labour law. Actually
enactment of labour law was the demand of time for the regulation of the
labour business in the country. The labour law system is more than a century
old in Bangladesh. The first labour law was enacted in the Indian subcontinent during the British period, in 1881. Subsequently, the British
Government introduced several laws concerning different labour issues, e.g.,
working hour, employment of children, maternity benefit, trade union
activities, wage, etc. After the separation of the Indian sub-continent in 1947,
almost all the laws during the pre-partition period were kept in force with
some modifications and amendments, in the form of administrative rules, by
the Pakistan Government. After the independence in 1971, the Bangladesh
government retained the previous laws through the Bangladesh Laws Order
(President's Order No. 48). It also enacted additional laws in response to the
changing circumstances and needs of the working class and the country. In
2006, the country adopted the revised Bangladesh Labour Law of 2006.
The Bangladesh Labour Act, 2006 is fairly comprehensive and progressive.
The law is a consolidation and updating of the 25 separate acts. The
comprehensive nature of the law can immediately be gleaned from its
coverage -- conditions of service and employment, youth employment,
maternity benefit, health hygiene, safety, welfare, working hours and
leave, wages and payment, workers' compensation for injury, trade unions
and industrial relations, disputes, labour court, workers' participation in
companies profits, regulation of employment and safety of dock workers,
provident funds, apprenticeship, penalty and procedure, administration,
inspection, etc. These are the most comprehensive legal structures for labour
welfare and protection in the world. This paper traces the regulation of
labour law relating to working hours and leaves with holidays and maternity
benefit finding out the national standards corresponding with the
international standards and some other contrasting views.

1. Working Hours:Most labour law regimes mandate statutory limits on working hours.
Initially, the imposition of hours limits was intended to ensure a safe and
healthy working environment and adequate rest or leisure time between
shifts. Over the last century, however, hours limits increasingly came to be
seen as a way of advancing the additional policy goals of allowing workers to
balance their paid work with their family responsibilities and other aspects of
their lives, promoting productivity and reducing unemployment. In our
country, the Labour Act, 2006 enumerates daily and weekly basis of working
hours with the hours for overtime and their payment. In this paper it is
earnestly tried to focus on the working hours so stated in the Labour Act,
2006 with the international standard along with the working hours in
different countries.
1.1 Daily limit:
(i) International standards
Daily working hour limits are a feature of Conventions Nos. 1 and 30, both of
which provide for an 8-hour limit on normal hours. Convention No. 47 and
Recommendation No. 116 do not provide for daily limits, the 40-hour week
being considered an adequate guarantee of a working day of 8 hours or
less1. Under the international standards, daily hours can be averaged within
the 48-hour week, allowing the 8-hour limit to be extended to 9 hours in
industry (Convention No. 1)19 and 10 hours in commerce (Convention No.
30).
(ii) National standards
The Labour Act, 2006: as per section 100, 8-hour day is the daily work limit
but it may not exceed 10-hour day subject to the satisfaction of section 108.
The 8-hour day
The two-third majority of the worlds countries provide for a limit of 8 hours
in a day. The exceptions are that have a 9-hour limit (Democratic Republic of
the Congo, the Netherlands, Norway, Spain and mainland United Republic of
Tanzania); Chile, which has a limit of 10 hours; and the three countries in
which different limits apply to 5-day and 6-day workweeks, Indonesia (8
1 ILO: Hours of work, extract from the Report of the 37th (1967) Session of the Committee of Experts on the
Application of Conventions and Recommendations (Geneva, 1967) at paragraph 122.

hours and 7 hours), Namibia (9 hours and 7 hours) and South Africa (9
hours and 8 hours).
1.2 Weekly limit:
(i) International standards
The initial working hours standards adopted by the International Labour
Organization, the Hours of Work (Industry) Convention, 1919 (No. 1), and the
Hours of Work (Commerce and Offices) Convention, 1930 (No. 30), mandate
a maximum on normal (pre-overtime) hours of 48-hour week. The more
recent approach at the international level, reflected in the Forty-Hour Week
Convention, 1935 (No. 47), and the Reduction of Hours of Work
Recommendation, 1962 (No. 116), is the promotion of a 40-hour week as a
standard to be realized, progressively if necessary, by ILO member States.
(ii) National standards
The Labour Act, 2006: as per section 102, 48-hour week is the limit for the
adult worker but subject to the satisfaction of section 108, it shall not exceed
60-hour week in case of the inclusion of overtime.
The dominance of the 40-hour week2
The 40-hour week is now the most prevalent weekly hours standard. Almost
half of the 103 countries reviewed for this report have adopted a normal limit
of 40 hours or less. Among the others, there is an almost even split between
limits of 42 to 45 hours and the 48-hour week, while only two have weekly
limits of more than 48 hours. There are, however, substantial regional
differences in the legislated weekly hour limits. The majority of industrialized
countries impose a limit of 40 hours. These include half of the EU-15 3,
Canada, Japan, New Zealand, Norway and the United States. Two countries
have a lower threshold: Belgium (38 hours) and France (35 hours). In central
and eastern Europe, the 40-hour limit has a similarly strong hold: it is a
feature of the law in all 10 of the countries covered by this report. African
labour laws also favor the 40-hour week. Almost half of these countries have
a limit of 40 hours or less. One third has a limit in the 42 to 45 range, and
only three permit a normal working week of more than 45 hours:
Mozambique and Tunisia (48 hours) and Kenya (52 hours). In Latin America,
the 48-hour standard is more dominant than in other regions. More than half
of these countries have enacted a 48-hour limit. The next most prevalent
2 Deirdre McCann, Working time laws: A global perspective, p.4.
3 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain
aspects of the organisation of working time, article 6(b). The Directive specifies the minimum working time
standards that must be reflected in the national laws of EU Member States.

limit is of 44 to 45 hours, with only Ecuador having a 40-hour week. In Asia,

the 48-hour limit is also dominant, although not to the same extent as in
Latin America. Six of the 11 Asian countries that have enacted a general
hour limit have selected this standard. The others legislate a 40-hour week,
with the exception of Singapore, which has adopted a 44-hour limit.

1.3 Maximum hour limit:

Labour law regimes limit total daily and weekly hours, including
overtime, with the aim of averting the harmful consequences to health,
safety and family life of working very long hours. These maximums represent
the ultimate legislated limit on working time. Their significance is dependent
on the regime in which they are located. In a number of western European
countries, collective agreements tend to prevent working hours from
approaching the level of the legislated maximums. In other countries,
however, maximum limits function as the final regulatory barrier against
excessive working hours.
(i)

International standards

The international standards view normal hour limits as the primary restriction
on working hours and overtime hours as exceptional. For this reason,
maximum limits are not a central feature of the international regulatory
regime. The standards do not specify a daily rest period or a maximum on
total daily or weekly hours. However, although the international instruments
do not mandate specific limits on overtime hours, they require that a limit be
in place at national level.
(ii) National standards
The Labour Act, 2006 states in section 102 that the weekly limit of the
working hours shall not exceed 60-hour and on the average 56-week per
year but for the road transport worker is shall not exceed 150-hour per year.
1.4 Overtime:Statutory limits on overtime work serve the same policy objectives as
those on normal hours: preserving health and safety and ensuring workers
have adequate time for their lives outside of paid employment. The
regulation of overtime work, however, takes a number of different forms in
addition to direct limits. Some laws limit the circumstances in which overtime
can be resorted to by mandating criteria for when it can be performed or the
procedures that should be followed before it is introduced. In some countries,

overtime is prohibited for certain groups of workers, who are seen as at

particular risk from working beyond normal hours. When overtime is
permitted, most laws limit the number of hours that can be worked and
provide for compensation in the form of either enhanced wages or an
equivalent rest period.

(i)

International standards

The Hours of Work (Industry) Convention, 1919 (No. 1), Hours of Work
(Commerce and Offices) Convention, 1930 (No. 30), and Reduction of Hours
of Work Recommendation, 1962 (No. 116), address overtime work as an
exception to the normal hours limits. They specify certain circumstances in
which it can be permitted, classified as either permanent or temporary
exceptions. The former include preparatory or complementary work,
intermittent work, such as caretaking, and work in the public interest. The
temporary exceptions are tailored more towards allowing firms to respond to
urgent circumstances, for example to deal with exceptional workloads,
accidents or force majeure; to perform urgent work on machinery or plant;
and to make up for time lost during stoppages caused by incidents such as
accidents, interruptions to the power supply, bad weather or a shortage of
materials. The Conventions on hours of work require signatory states to issue
regulations specifying the circumstances under which overtime can be
performed, after consultation with employers and workers organizations.
These regulations are required to set a limit on overtime hours. These
regulations are required to set a limit on overtime hours. Although these
limits are not specified in the Conventions, the ILOs Committee of Experts
on the Application of Conventions and Recommendations has stated that
they must be reasonable and in line with the Goals of the standards.
(ii) National standards
The Labour Act, 2006: as per section 108, beyond the daily working hours
limit, 8-hour day, is the overtime and section 102 stipulates that the adult
workers may work up to 60-hour week exceeding 48-hour week normal
working hour for the overtime. It was held in the case of General
Manager, Jumana Oil Company Ltd. Vs. Labour Court Chittagong
(1991) 51 DLR (AD) 91 that any time stipulated for the work is the normal
time of working hour but any other time of work beyond the settled and
stipulated working hours will be overtime and the allowance of which will
be governed by the prescribed manner of the statute.
1.4.1 Prohibitions and limitations on overtime work
(i)

International standards

The international standards do not prohibit or limit the participation of

designated groups of workers in overtime work. The Reduction of Hours of
Work Recommendation, 1962 (No.116), however, calls for consideration to be
taken when arranging overtime work to the special circumstances of young
workers, Pregnant and nursing women and handicapped workers.
(ii) National standards
The Labour Act, 2006 does not incorporate any such prohibition regarding
the prohibition and the limitation as to overtime work rather limits the
overtime work hour.
1.4.2 Overtime compensation
(i)
International standards
The international standards require that overtime work be remunerated at a
premium rate of not less than 25 per cent above the ordinary wage4.
(ii) National standards
The Labour Act, 2006 according to section 108 it is stated that in respect of
overtime work a worker is entitled to get allowance at rate of twice his
ordinary rate of basic wage and dearness allowance and ad hoc or interim
pay.
1.5 Rest and Break
In addition to limiting the number of permissible daily and weekly working
hours, labour laws can also provide for rest breaks during the working day, to
allow workers to rest and take meals. Daily rest periods can also be required,
which function in the same way as hours limits, to limit the working day and
provide for adequate rest between shifts. Finally, labour laws usually provide
for a weekly rest day, both to ensure a substantial rest period during the
working week, and also to allow workers to spend time with family, friends, in
religious observance and with the community as a whole.
(i)
International standards
The international standards do not provide for rest breaks during the working
day and mandate hours limits rather than daily rest periods. In contrast, the
weekly rest period is enshrined in the international working time regime. The
Weekly Rest (Industry) Convention, 1921 (No. 14), and Weekly Rest
(Commerce and Offices) Convention, 1957 (No. 106), require a rest period of
at least 24 hours each week. Wherever possible, this rest period should be
granted simultaneously to the whole of the staff of an establishment and
fixed so as to coincide with traditional or customary days of rest. The
Conventions permit certain exceptions from the entitlement to the weekly
rest day, to be compensated by an equivalent rest period.
4 ILO: Hours of work: From fixed to flexible? Report of the Committee of Experts on the Application of
Conventions and Recommendations (article 19, 22 and 35 of the Constitution) (Geneva, 2005).

(ii) National standards

The Labor Act, 2006 postulates in section 101 the following limit of rest and
break(a) For more than 6-hour work in any day a worker has been
allowed an interval of at least one hour.
(b)For more than 5-hour work in any day a worker has been
allowed an interval of at least half an one hour.
(c) For more than 8-hour work in any day a worker has been
allowed an interval of at least one hour or half an one hour.
Table one: Comparative analysis among countries5
Count
ry

Daily
normal
work
limit

Weekly
normal
work
limit

Overti
me
limit

1.Japa
n
2.Unit
ed
States
3.Rus
sia

8-hours

40hours
40hours

None

40hours

4 hours
in
2
days
and
120
hours
per
year

8-hours
None

4.Sout 9 hours 45
h
(5-day
hours
Africa workwe
ek)
8 hours
(6-day

None

Minimu
m
overtime
premiu
m
25
per
cent
50
per
cent

Maximu
m daily
rest
period

Daily
maximu
m limit

None

Weekly
maxim
um
hour
limit
None

None

None

None

42
hours

None

55hours

12
hours
(5-day
workwe
ek)
11

50
per None
cent
(first
2
hours)
100 per
cent
(subseq
uent
Hours)
3 hours 50
per 12 hours
per day cent
and 10
hours
per
workwe

5 Deirdre McCann, Working time laws: A global perspective, ILO publication 2005, p-53.

None

workwe
ek
5.Chin 8 hours
a

ek

40
hours

1 hour 50
per
per
cent
day, 3
hours
per
week
and 36
hours
per
month
6.
No
No
No
No
India
universa univers univers universa
l
al
al
l
Legislati legislat legislati legislati
on6
ion
on
on
1.6 Practical stance of Bangladesh7

Unidenti
fied

49
hours

No
universal
Legislatio
n

No
univers
al
legislat
ion

hours
(6-day
workwe
ek)
9 hours

No
univers
al
legislati
on

8-hour work, OT rules hardly followed. All the garments workers said
that they work more than eight hours daily. Sometimes they work 13-14
hours a day. There are workers who even work extra five hours of daily OT.
About one-third (33.5%) of the garments workers do not know the OT rate,
with 13 per cent of the respondent garments workers getting less than Tk.10
for every hour of OT work against the minimum Tk.10.80 per hour OT work.
For the construction workers, work hours range at 8-12 hours.
Weekly rest day and leaves not observed. Many garments workers do
not have the chance to enjoy weekly rest day. Most workers get festival leave
but employers often impose conditions to enjoy the leave. Legal provisions
on casual leave, sick leave and annual leave are widely violated. Sometimes
some employers make wage/salary deductions for the workers to enjoy
weekly rest day, casual leave, sick leave and festival leave. In the
construction industry, most workers do not have the chance to enjoy these
leaves as the compensation policy is simply no work, no pay. Workers are
entitled to rest and meal in a day as follows:
6 Limits have been enacted for certain sectors and occupations.
7 Jakir Hossain etal. Decent Work and Bangladesh Labour Law: Provisions, Status, and Future Directions, April
2010.

(i)
(ii)
(iii)

one hour interval for over six hours work a day;

half an hour interval for more than five hour work; and
one hour interval once or half an hour interval twice for more than
eight hours works a day.

2. Leaves and Holidays

In Labor Law Leaves and Holidays is an important issue and fundamental
as well. An employee normally along with holidays is entitled to the following
leaves:
Weekly Holy day
Casual leave
Sick leave
Festival leave
Annual leave and
As per the Maternity Benefit Act of 1939 (now stands repealed), maternity
leave with full pay. But we shall endeavour to focus on the above five types.
2.1Weekly holiday8:
An adult worker employed in an establishment(a) which is a shop or commercial establishment, or industrial establishment,
shall be allowed in each week one and half days holiday and in factory and
establishment one day in a week;
(b) which is a road transport service, shall be allowed in each week one days
holiday of twenty four consecutive hours; and no deduction on account of
such holidays shall be made from the wages of any such worker. The weekly
Holydays Act of 1942 prescribes one paid holiday a week for persons
employed in any shop, restaurant theater(excepting those employed in any a
confidential capacity or in a position of management)The government is
empowered to grant additional half- holiday with pay in a week9.
Compensatory weekly holiday10: Where, as a result of the passing of an
order or the making of a rule under the provisions of this act exempting an
establishment or the workers therein from the provisions of section 103, a
worker is deprived of any of the weekly holidays provided for in that section,
8 Section 103, The Bangladesh Labour Act,2006
9 DR. Zulfiquar Ahmed, A text book of The Bangladesh Labour Act, 2006, second Ed.
10 Section 104 The Bangladesh Labour Act,2006

he shall be allowed, as soon as circumstances permit, compensatory

holidays, of equal number to the holidays so deprived of.
2.2Casual leave:
Situations like sudden illness, minor accidents, urgent purposes pave the
eligibility of casual leave. It should be obtained on prior application unless
the urgency prevents the making of such application. Casual leave is availed
under section 115 of Labor Act, 2006. It is given with full wages for ten days
in a year and will not be carried forward to the succeeding year.
Other existing labor and industrial law regarding casual leave are same.
2.3Sick leave:
Normally sick leave is availed of in support of a medical certificate.
According to Section 116 of the Labour Act, 2006 No such leave shall be
allowed unless a registered medical practitioner appointed by the employer
or, if no such medical practitioner is appointed by the employer, any other
registered medical practitioner, after examination, certifies that the worker is
ill and requires sick leave for cure or treatment for such period as may be
specified by him. Such leave shall not be accumulated and carried forward
to the succeeding year. Every worker other than a newspaper worker shall be
entitled to sick leave with full wages for fourteen days in a calendar year.
Every newspaper worker shall be entitled to sick leave with half wages for
not less than one-eighteenth of the period of service.
.
The Factories Act, 1965 Sub-Section (2) of Sections 80 Provides as follows:
Every worker shall be entitled to fourteen days' sick leave on half-average
wages in a year.
Again, Section 16 of the Shops and Establishments Act, 1965 says that Every
worker shall be entitled to sick leave With full wages for a total period of
fourteen days in a year; if such leave not availed of by any worker during a
calendar year may be carried forward, but the total accumulation of such
leave shall not exceed twenty-eight days at any one time.
2.4 Annual leave with wages:
Section 117 of Labour Act, 2006 deals with annual leave. Normally, a worker,
who completes one year of continuous service in an establishment, are
allowed during the subsequent period of twelve months leave with Wages for
a number of days calculated at a certain rate. Normally the rate for adult is:

(a) in case of a shop or commercial or industrial establishment or factory or

road transport service, for every eighteen days of work ;
(b) In the case of tea plantation, for every twenty two days of work;
(c) In case of a newspaper worker, for every eleven days of work performed
by him during the previous period of twelve months.
In cases of Workers who are not adult:
Workers who have completed one year of continuous service in an
establishment, shall be allowed during the subsequent period of twelve
months leave with wages for a number of days calculated at the rate of one
day
(a) in case of a factory, for every fifteen days of work ;
(b) In case of a tea plantation, for every eighteen days of work;
(c) In the case of a shop or commercial or industrial establishment, for every
fourteen days of work performed by him during the previous period of twelve
months.
A period of leave allowed under this section shall be inclusive of any holiday
which may occur during such period. If a worker does not, in any period of
twelve months, take the leave to which he is entitled under sub-sections (1)
or (2) of Section 117, either in whole or in part, any such leave not taken by
him shall be added to the leave to be allowed to him, in the succeeding
period of twelve months.
According to Section 7 of the Newspaper Employees (Conditions of service)
Act, 1974,
Every working journalist shall be entitled to Earned leave on full wages for
not less than one-eleventh of the period spent on duty;

2.5 Limit of annual leave:

(1) An adult worker shall cease to earn any leave under this section, when
the earned leave due to him amounts to(a) In the case factory or road transport service, forty days;
(b) in the case of tea plantation or shop or commercial or industrial
establishment, sixty days;
(2) An adolescent worker:
Will cease to earn any leave under this section, when the earned leave
(a) in the case of a factory or tea plantation, sixty days;
(b) in the case of a shop or commercial or industrial establishment, eighty
days.

Any leave applied for by a worker but refused by the employer for any
reason, shall be added to the credit of such worker beyond the aforesaid
limit.

Section 27 of the Tea Plantation Labor Ordinance, 1962 11 prescribes that

Every worker shall be allowed leave with wages for a number of days
calculated at the rate ofAdult: one day for every thirty days of work performed by him;
A young person: one day for every twenty days of work performed by him. A
worker shall cease to earn any leave under this section when the leave with
wages due to him amounts to thirty days.
If any interruption occurs during that service12:
For the purpose of this section a worker shall be deemed to have completed
a period of continuous service in an establishment notwithstanding any
interruption in service during that period due to (a) Any holiday;
(b) any leave with wages ;
(c) any leave with or without wages due to sickness or accident;
(d) any maternity leave not exceeding sixteen weeks ;
(e) any period of lay-off;
(f) a strike which is legal or a lock-out which is not illegal.
2.6Festival Leave:
Section 118 of the Bangladesh Labour Act, 2006 prescribes that every worker
shall be allowed in a calendar year eleven days of paid festival holidays. The
days and dates for such festivals shall be fixed by the employer in such
manner as may be prescribed.
A worker may be required to work on any festival holiday, but two days'
additional compensatory holidays with full pay and a substitute holiday shall
be provided for him in accordance with the provisions of section 10.
The Shops and Establishments Act 1965, and the Factories Act, 1965
prescribes ten days festival holiday with full pay.
11 Dhar On labour and Industrial Laws of Bangladesh, first publication, second June
2007.
12 Section 117, The Bangladesh Labour act,2006.

Calculation of wages and payment during leave or holiday period 13:

(1) For the leave or holidays allowed to a worker under the provisions of this
Act, he shall be paid at the rate equal to the daily average of his full time
wages including dearness allowances, and ad-hoc or interim pay, if any, for
the days on which he worked during the month immediately preceding this
leave but excluding any overtime allowance and bonus:
P Provided that if a worker in any establishment is entitled to cash equivalent
of any advantage accruing from the supply of food grains, it shall be included
in his wages.
(2) A worker who has been allowed annual leave for a period of not less than
four days in the case of an adult and five days in the case of an adolescent,
at any time, shall, in so far as it is practicable, be paid his wages for the
period of the leave so allowed, before his leave begins.
Sections 81 of the Factories Act, 1965 provides:14
For the leave or holidays allowed to a worker under the provision of this Act,
he shall be paid(a) in case of leave with full wages, at the rate equal to the daily average of
his full time earnings, including dearness allowance, if any, for the days on
which he worked during the month immediately preceding his leave, but
excluding any over-time earnings and bonus; and
(b) in case of leave with half-average wages at the rate equal to half 0f the
daily average of his earnings calculated in the manner provided in clause (a).
2.7 Procedure for leave15:
(1)A worker who desires to obtain leave of absence has to apply to the
employer for the same in writing stating his leave address therein.
(2) The employer or his authorized officer 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;
Provided that if due to urgent reasons the leave applied for is to commence
on the date of application or within three days thereof the order shall be
given on the same day.
(3) If the leave asked for is granted, a leave pass shall be issued to the
worker.
13 Section 119 , The Bangladesh Labour Act,2006.
14 Dhar On labour and Industrial Laws of Bangladesh, first publication, second June 2007.

15 Section 10 of the Labour Act, 2006.

(4) If the leave asked for is refused or postponed the fact of such refusal or
postponement, and the reasons thereof shall be communicated to the worker
before the date on which the leave was expected to be commenced and shall
also be recorded in a register to be maintained by the employer for the
purpose.
(5) If the worker, after proceeding of leave, desires an extension thereof, he
shall, if such leave is due to him, apply sufficiently in advance before the
expiry of the leave to the employer who shall, as far as practicable send a
written reply either granting or refusing extension of leave to the worker to
his leave-address.
Payment of wages for unavailed leave16:
If the service of a worker, to whom any annual leave is due, is dispensed
with whether as a result of retrenchment, discharge, removal, dismissal,
termination, retirement or by reason of his resignation before he has availed
of any such leave, the employer shall pay his wages in lieu of the unaveiled
leave at the rate he is entitled to the payment of wages during the period of
leave in accordance with the provisions of those laws and such payments
shall be made before the expiry of the second working day after the day on
which his employment is dispensed with.
2.8 Unauthorized Leave:
Section 23 deals with Unauthorized leave. Unauthorized leave is
misconduct17. Clause (d) of sub- section (4) of section 23 provides that
absence without leave for more than ten days is a kind of misconduct. For
such misconduct a worker may be dismissed under section 23 of the code.
Thus to dismiss a worker for unauthorized leave on the ground of
misconduct, the worker must be absent without leave for more than ten
days. If a worker is absent without leave for ten days or less, he cannot be
dismissed under section 23 in the ground of misconduct.
Absence without leave for more than ten days may constitute misconduct
for which a worker may be dismissed from service. In that event a
proceeding is required to be drawn under the law to comply with the rule of
principle of natural justice18

16 Section 11 of the Labour Act, 2006.

17 Abdul Halim, Bangladesh Labour Code, 2006, second ed.2009.
18 Glaxo Bangladesh Ld. VS. Chairman Labour Court and others 32 DLR(1980)(HCD)
134,cited from ibid.

Ramoalosi vs. Brikor (Pty) Ltd, GAPT1713-07 SAACAWU, Where the

respondent claimed that the applicant had failed to inform it of his
whereabouts. It indicated that it had a policy which states that unauthorised
absence from work for a period of ten or more consecutive days is a
dismissible offence. According to the respondent, all employees were aware
of the policy. The respondent denied refusing the applicant to call witnesses.
It argued that the applicants witnesses were on leave and he was advised to
postpone the hearing, but had refused to do so. It also claimed that the
applicant had deliberately stayed away from working because of the pending
investigation.
In the case of KRUSHNAKANT B. PARMAR vs. UNION OF INDIA & ANR, CIVIL
APPEAL NO.2106 OF 2012, it was held that absence from duty without any
application or prior permission may amount to unauthorized absence, but it
does not always mean willful. There may be different eventualities due to
which an employee may abstain from duty, including compelling
circumstances beyond his control like illness, accident, hospitalization, etc.,
but in such case the employee cannot be held guilty of failure of devotion to
duty or behavior unbecoming of a Government servant. If the absence is the
result of compelling circumstances under which it was not possible to report
or perform duty, such absence cannot be held to be willful.
3. Maternity Benefit:
There has been a significant increase in the participation of women in the
workforce of Bangladesh over the past few years. At present the women
workers account for one-fourth, that is 12.1 million, of the total labor force of
49.5 million in Bangladesh19.There have also been important legal reforms
through the adoption of Labor Act, 2006 which removes certain ambiguities
in the old, diverse labor laws and amends occupational safety issues like
maternity benefits, health and hygiene, compensation for injuries etc.
The Labor Act, 2006 repeals three previous Acts relating to maternity
benefits-The Maternity Benefit Act, 1939, The Mines Maternity Benefit Act,
1941 and The Maternity Benefit (Tea Estate) Act, 1950 and incorporates
almost all the provisions of these Acts in Chapter IV.
Section 2(xxxiv) of the Act defines maternity benefit as the sum of money
payable under the provisions of Chapter IV to a woman worker with leave.
Section 45(1) of the Act prohibits an employer to employ a woman during the
eight weeks immediately following the day of her delivery.Section 45(2)
prohibits a woman employee to work in any establishment during the eight
weeks immediately following the day of her delivery. Section 45(3) puts
restriction in employing any woman for certain arduous work if she is likely to
be delivered of a child within 10 weeks or has been delivered of a child
within previous 10 weeks.
19BBS (2009), Gender Statistics of Bangladesh 2008, Bangladesh Bureau of
Statistics.

In Section 46 of the Labor Act provisions have been made for maternity leave
of 16 weeks (8 weeks before and 8 weeks after the delivery).It has also made
the provision that this benefit shall only be available to workers who have
served under the owner for a minimum period of 6-months prior to the notice
of the probability of the delivery.
Section 47 lays down the procedure regarding the payment of and Section 48
the amount of maternity benefit. Section 49 provides for the payment of
maternity benefit in case of a womans death. Section 50 puts restriction on
employment of a woman in certain cases.
The government of Bangladesh thus has taken a commendable initiative by
extending the maternity leave to 16 weeks from previous 12 weeks as was
provided in the Maternity Benefit Act, 1939.

3.1 Implementation of Maternity Benefit Provisions in Bangladesh:

The principle purpose of providing 16 weeks maternity leave was to combat
malnutrition and to ensure that the newer generation grows up to be much
healthier both physically and mentally20.It was also expected to help increase
the productivity and motivation of the working women. However, the reality
is that many women working in the private sector, especially those in the
garments industry and in low-paying labor-intensive jobs, are not aware of
their maternity related rights. Moreover, most non-government organizations
and readymade garments sectors do not even allow four-months of leave for
their female employees. The Institute for Global Labor and Human Rights
reports that an estimated 90 percent of the 3,870 export oriented garment
factories in Bangladesh violates women's legal right to full paid maternity
leave21. Some companies harass women, force them to assume inferior
position than was occupied by them prior to the leave and even pressurize
them to quit. Employers shy away from providing a humane work
environment and basic benefits because it increases their costs. In fact, most
garment factory owners prefer to employ unmarried women for fear of
pregnancy related problems, and many female workers lie about their
marital status to get the job.
A large number of temporary government servants are also denied maternity
leave and benefits in violation of the Bangladesh Service Trust, which
stipulates that maternity leave can be granted to a temporary government
servant provided that she has been in government service for at least nine
months immediately preceding the date of delivery. Temporary female
workers are denied maternity rights, even if they have worked for a long

20www.thedailystar.net/newDesign/news-details.php?nid=166513
21http://www.thedailystar.net/magazine/2012/04/02/special.htm

period of time at a particular job. They are not given a contract, so there is
no proof of how long they've worked.
Kohinoor Mahmood, project coordinator of Women Workers Development
project of the Bangladesh Institute of Labor Studies, Even the government
offices such as Titas, Public Works Department and city corporations do not
provide benefits to their female staff22.
The penalty provided for the violation of any of the provisions of Chapter IV
of the Act is maximum 5000 TK. which is too insufficient to put any kind of
pressure on the employers to comply with the concerned provisions.
Moreover, due to the lack of awareness of the women workers, this meager
remedy as also not availed of by them.
Women rights activists have tried to address some of these issues at the
national level as well as within their own organizations through enacting
gender-sensitive policies and programming. Labor unions are no longer as
active as they once used to be, and in many crucial labor-intensive sectors
there are no formal unions. Even within labor unions, the concerns of women
aren't always addressed.
Although the government has taken a few notable initiatives over the past
few years, it has failed to ensure their implementation in different sectors of
the economy. As a result, the women workers are being deprived of these
benefits. It is of utmost importance that the government takes some
measures to provide protections to the vulnerable segment of female
workers who work in the informal sector (more than 97 lakh women) and are
not covered by the Labour Act 2006. Steps should also be taken to
encourage the private institutions to ensure their women workers a
developed, indiscriminate, more supportive, and gender-friendly working
environment which will carry their financial progress to an enhanced level.
4. Miscellaneous sections of Chapter 9 of the Labour Act, 2006:
Section 104 bearing the heading, Compensatory weekly holiday, states
Where, as a result of the passing of an order or the making of a rule under the provisions of this
act exempting an establishment or the workers therein from the provisions of section 103, a
worker is deprived of any of the weekly holidays provided for in that section, he shall be
allowed, as soon as circumstances permit, compensatory holidays, of equal number to the
holidays so deprived of.
Section105 bearing the heading, Spread over statesThe periods of work of and adult worker in an establishment shall be so arranged that,
inclusive of his interval for rest or meal under section 101, it shall not spread over more than
eleven hours ,and subject to such conditions as be may imposed by the Government, either
generally or in the case of any particular establishment.
Section 106 bearing the heading, Night shift, statesWhere, an adult worker in an establishment works on a shift which extends beyond midnight:
22http://www.thedailystar.net/magazine/2012/04/02/special.htm.

(a) for the purposes of section 103 a holiday for a whole day shall mean in his case a period of
twenty-four consecutive hours beginning from the end of his shift; and
(b) the following day for him shall be deemed to be the period of twenty-four consecutive
hours beginning from the end of this shift and the hours he has worked after midnight shall
be ecounted towards the previous day.
Section 107 bearing the heading, Restriction on cumulative hours of work on a vehicle,
statesNo worker shall work or be allowed to work on a vehicle or two or more vehicles in excess of
the period during which he may be lawfully employed under this Act.
Section 109. Limitation of hours of work for women : No women shall, without her consent,
be allowed to work in an establishment between the hours of 10.00PM and 6.00 AM.
Section 110. Restriction on double employment : No adult worker shall be employed or
allowed to be employed for work in more than one establishment on any day, except on
permission in writing from the chief Inspector on such terms and conditions as he may impose.
Section 111. Notice of periods of work for adults and preparation thereof: (1) There shall be
displayed and correctly maintained in every establishment in accordance with the provisions of
section 337, a notice of periods of work for adult workers showing clearly the periods which
adult workers may be required to work.
(2) The periods shown in he notice shall be fixed beforehand in accordance with the provisions
of this section and shall be such that workers working during such periods would not be working
in contravention of the provisions of sections, 100, 101, 102, 103 and 105.
(3) Where all the adult workers in an establishment are required to work during the same period,
the employer, shall fix those periods generally.
(4) Where all the adult workers in an establishment are not required to work during the same
periods, the employer, shall classify them into groups according to the nature of their work, and
indicate the number of workers in each group.
(5) For each group which is not required to work on a system of shifts, the employer shall fix the
period during which the group may be required to work.
(6) Where any group is required to work on a system of shifts, and the relays are not on a
undetermined periodical changes, the employer shall fix the periods during which each relay of
the group may be required to work.
(7) Where any group is required to work on a system of shifts, and the relays are or are intended
to be subject to predetermined periodical changes of shifts, the employer, shall draw up a scheme
of shifts, where under the periods during which any relay of the group may be required to work
on the relay which will be working at any time of the day shall be known for any day.
(8) A copy of the notice shall be sent in duplicate to the Inspector before the day on which an
establishment begins work, for approval of the periods of work by the Inspector.
(9) The Inspector shall return a copy of the notice to the employer within one week of its receipt,
indicating modifications if any; the employer shall immediately comply with the modifications,
if made and shall preserve the approval in the records of the establishment.
(10) Any proposed change in the system of work in an establishment which will necessitate a
change in the notice shall be notified to the Inspector in duplicate before the change is made,
and, except with the previous sanction of the Inspector, no such change shall be made,
(11) An employer may refuse to employ a worker for any day if on that day he turns up for work
more than half an hour after the time fixed for the commencement of the days work.

Section 112. Special age limit for Road transport Service worker Section: (1) No person shall
be employed as driver, in an establishment which is a road transport service unless he has
attained the age of twenty one years.
(2) No person shall be employed in an establishment which is a road transport service in any
other post unless he has attained the age of eighteen years.
Section 113. Hours of work to correspond with notice and register : No adult worker shall be
required or allowed to work otherwise than in accordance with the notice under section 111(1)
and the entries made beforehand against his name in the register maintained under section.
Section 114. Closure of shops, etc.: (1) Every establishment which is shop or commercial or
industrial establishment shall remain entirely closed for at least one and a half day in each week.
(2) The one and half day on which establishments shall remain entirely closed, shall be fixed for
each area by the chief Inspector.
Provided that the chief Inspector may, from time to time, refix such day for each area in the
public interest.
(3) No shop shall on any day remain open after the hours of 8.00 Oclock post maritime:
Provided that any customer who was being or was waiting in the shop to be served at such hour,
may be served during the period of thirty minutes immediately following such hour:
(4) The Government may, on consideration of special circumstances, alter, by notifications in the
official Gazette, the closing hours of shops in any area in any season on such conditions as may
be imposed.
(5) The provisions of this section shall not apply to(a) docks, wharves or stations and terminal offices o transport services including airports;
(b) shops dealing mainly in any vegetable, meat, fish, dairy products, bread, pasties, sweetmeats
and flowers;
(c) shops dealing mainly in medicines, surgical appliances, bandages or other medical requisites;
(d) shops dealing in articles required for funerals, burials or cremation;
(e) shops dealing mainly in tobacco, cigars, cigarettes, biris, pan, liquid refreshments,
newspapers or periodicals sold retail for consumption in the premises, ice;
(f) petrol pumps for the retail sale of the petrol and automobile service stations not being repair
workshops;
(g) barbars and hair dressers shops;
(h) any system of public conservancy or sanitation,
(i) any industry, business or undertaking which supplies power, light or water to the public;
(j) clubs, hotels, restaurants, catering houses cinemas or theatres:
Provided that where several trades or business are carried on in the same shop or commercial
establishment and, the majority of them, by their nature, are eligible to exemption under this
section, the exemption will apply to the entire shop or commercial establishment:
Provided further that the Chief Inspector may, by a general or special order, published in the
official Gazette, fix the opening or closing hours for any of the foregoing establishments or class
of establishment.
5. Incompleteness:
Weekly Working Hours and maximum limit:

The 40-hour per week is now the most prevalent weekly working hours standard. Almost half
of the 103 countries reviewed for this report have adopted a normal limit of 40 hours or less. As a
developing country Bangladesh has a scope to reduce the number of weekly hours under section
102 of the Bangladesh Labour Act, 2006. Besides the maximum weekly working hours in our
country is very high which also persuades the employer to forced labor which brings effect
catastrophic effect for the adolescent and female workers. This over-working also lowers the
normal life expectancy of workers in certain types of industries which need much more physical
labour than the other industries.

A year may be divided into two seasons:

Working ten hours daily in Counties situated in torrid region (hot weather) especially during
summer season is really tough. Atmospheric conditions in industries like tannery, mining, iron,
chemicals, plastics, sugar, jute is normally hot and unhealthy and if it be in summer season the
workers has to work with excessive pressure which brings frequently various types of physical
abnormality to them. Workers of such types of industries get short span of life also. Working ten
hours per day during winter season may not be too much harmful but in cases of some industries
like aforementioned, during summer season is no doubt harmful. Thus, in section 108 of the
Bangladesh Labour Act,2006, maximum working hours should be divided in two seasons in a
year (a) Summer and (b) Winter and during summer season the maximum weekly working
time should be reduced to 55 hours or less for a certain types of industries which need excessive
physical labour.
Article 3 of convention no. 90 of ILO:
According to that article which has been ratified by Bangladesh, young persons under eighteen
years of age shall not be employed or work during the night in any public or private industrial
undertaking or in any branch thereof except in some cases as mentioned there. Young workers
are not matured enough to perform duty at night though are appointed in many arduous duties in
daytime. Thus, we may introduce this provision in Bangladesh Labour Act, 2006.

No prohibition and limitation as regard to the overtime in The

Labour Act,200623:
Though in the international standards there are prohibition and limitation as
to the overtime work like, the Reduction of Hours of Work
Recommendation, 1962 (No.116), however, calls for consideration to be
taken when arranging overtime work to the special circumstances of young
23 Jakir Hossain etal. Decent Work and Bangladesh Labour Law: Provisions, Status, and Future Directions, April
2010.

workers, Pregnant and nursing women and handicapped workers. But in our
national legal system there is no such provision.
6. Recommendations:
The following recommendations are to be enacted
(i)
40-hour work per week according to international standards.
(ii)
Monitoring cell for the supervision of daily and weekly working
hours.
(iii) Monitoring cell for the supervision of overtime working hour and
payment of its compensation.
(iv) Restructuring the working hours on seasonal basis.
(v)
Certain prohibition as to the overtime work of certain classes of
worker like children, pregnant women and elderly workers.
(vi) Inclusion of paternity benefit so as to be beneficial to the pregnant
mother, as it has been incorporated in developed nations labour
law.

Concluding remarks:
The Labour Act, 2006 enacted consolidating other 25 labour related laws
mandating working hour, leave and holidays along with maternity benefit
and so on. This paper sought to examine these provisions focusing both national and international
labour law system. Most of the cases the provisions relating to these in the national labour law
system are almost similar to international level. But the implementation of our national labour
law system is just opposite. Few amendments are required for removing the
incompleteness and incorporating required provisions as per the
recommendations mentioned above.