In just over half a century, Bangladesh's economy has grown by leaps and bounds. In the most recent decade, GDP growth rates set a new benchmark. Major socioeconomic and human development indices have increased with the expansion, demonstrating its broad benefits. Because of its export-led growth strategy, Bangladesh rose to prominence in South Asia. Contributing to the success is the wide and varied employee base.
Huge numbers of people are now employed in both the official and informal economies as a result of the transition from agriculture to industry and services. More than four million people get their livings in the apparel industry. In the case of Bangladesh, fair working conditions and worker rights are just as important as economic opportunity.
The government of Bangladesh has made efforts to reduce the use of child labor, improve working conditions in factories, and train workers. To improve workers' rights, the government is enacting a reform with the help of development partners.
Even with all of these laws and regulations, there are still some areas that are difficult to understand, necessitating the use of a firm with expertise in labor law. If you want to run your business successfully in Bangladesh, you must hire competent
labor lawyers or a
top law firm based in Dhaka. They should have a superior team that handles labor laws with the utmost diligence and speed.
Structures of law and government
Since the country's independence, Bangladesh has ratified all eight of the ILO's fundamental agreements. With a progressive agenda in place, officials have made it a priority to bring domestic regulations in line with global labor norms.
Labor Law and legislation in Bangladesh:
In 2006, Bangladesh enacted the Labour Act. In 2018, the law was revised. Information on the hiring process, the relationship between workers and employers, pay rates, benefits, workplace safety, collective bargaining, dispute resolution, and more are all spelled out in the act. The 2018 amendment widened the scope of workers' protections. It resulted in concrete improvements to the promise of monetary incentives for new moms. Similarly, it guarantees the freedom of association for all employees.
Labour Legislation:
On September 15, 2015, the government of Bangladesh implemented the Bangladesh Labour Rules 2015. Certain details, including pay, other financial advantages, relevant laws, etc., must be included in the appointment letter in accordance with the Labour Rules. Service books, labor registers, leave registers, etc., are all examples of the types of registers for which
specific formats are prescribed by the laws, which also provide extensive advice on how to manage your provident fund. Provisions on nominee selection, fund management, and trust activities for administering the provident fund have been included.
Workers' Policies in Bangladesh:
Bangladesh's most recent "Labor Policy" was drafted that same year. In 1980, a new labor policy was established to replace the one that had been in place since 1980. The policy's overarching goal is to provide all economically engaged individuals with a setting free from discrimination, exploitation, and poor working conditions. The policy offers a guideline for dealing with concerns like worker rights and benefits. It is responsible for setting and reviewing minimum wage levels. Fair wages, safety in the workplace, respect for employees, and collective bargaining power are also fundamental tenets of this program.
A Plan to End Child Labor:
In 2010, Bangladesh established its 'National Child Labor Elimination Policy. The regulation was developed to fix the problem of child labor and shield kids from harmful work environments. By 2021, it aims to have all forms of child labor in the country eradicated. It's also in line with the United Nations' charter for children's rights and the Sustainable Development Goals.
Leave and Holiday under labor law in Bangladesh:
After a year of employment at the same company, any employee over the age of 18 is entitled to paid vacation time. A worker is eligible to request yearly leave anytime throughout the succeeding twelve months. You'll get one paid day off for every 18 you put in during the year.
If an employee misses out on the above-mentioned leave, he or she is still eligible to make a claim for it during the subsequent twelve months.
Maternal Leave in Bangladesh:
Maternity benefits and leave are guaranteed to all expectant mothers.
Possession of the Legal Right to Receive Maternity Benefits:
Maternity benefits will be made available to all women who qualify. The benefit period will begin eight weeks before her due date and end on the day after her baby is born, for a total of sixteen weeks.
Instances where maternity leave is not an option:
Maternity leave benefits are only available to women who have been employed by their company for at least six months prior to the day of delivery. In addition, if a woman already has two or more living children when she becomes pregnant, she will not be eligible for maternity benefits. Although, if no other leaves are being used, she has the legal right to take those.
Methodology for Maternity Insurance Claims:
Any day throughout her pregnancy, a woman who is eligible for maternity benefits under this law may inform her employer that she will be confined for at least eight weeks. In addition, she has the option of designating a beneficiary to receive her maternity benefit in the event of her death. When an employer receives such a notice, she must provide the employee leave beginning the day after the date of notice and ending eight weeks after the day of delivery.
Any woman who gives birth without providing such notice is required to provide equivalent notification to her employer within seven days. The duration of this maternity leave is from the day of delivery to the day that is eight weeks after the day of birth.
Maternity Benefit Amount as per Bangladeshi Labour law:
The maternity benefit due under this law will be paid out based on your average daily, weekly, or monthly salary. To determine the woman's average daily, weekly, or monthly salary, divide the total amount of money she earned in the three months prior to the day she provides notice by the number of days she worked in that time. This sum will be paid in full in cash.
Pregnancy termination should be subject to stricter regulations.
A woman is not entitled to be denied any maternity benefit to which she would have become entitled under the act if her employer gives her a notice or order of dismissal, discharge, termination or removal of employment within six months prior to and eight weeks without sufficient cause after her delivery.
The Ministry of Labor and Employment (MoLE):
The Ministry of Labor and Employment is responsible for upholding all labor regulations in the country. The mission of MoLE is to ensure that employers and employees are following the terms of the Labour Act by providing them with the resources they need to do so.
The division's mandate includes the registration of labor unions, the arbitration of disputes arising from the workplace, and the surveillance of the workplace rights situation.
There is a Department of Factory Inspection whose job it is to look out for the health, safety, and welfare of the nation's most important resource: its workforce. The agency promotes a safe and healthy work environment and raises the standard of living for workers by implementing national labor regulations. The IG conducts inspections of workplaces to ensure compliance with the Labor Standards Act.
Humanitarian Organization for Workers in Bangladesh:
In compliance with Article 234 of the Labor Act of 2006, the Bangladesh Labor Welfare Foundation was established (Amended 2018). The organization offers financial aid to working families so that they can send their children to public universities and medical schools for further education or to receive medical care. The charity also provides death benefits to the families of construction workers who tragically lost their lives on the job.
Reserve Account:
As required by Section 232 (3) of the Bangladesh Labour Act, 2006, the Ministry of Labour and Employment established the central fund in 2015. The Bangladeshi government and private businesses have created a fund to aid factory employees in the country.
Justice for Workers:
Alleged breaches of labor law are typically heard and decided upon by the labor courts. Separate from the regular judicial system, these courts are presided by by chairmen, who are themselves selected from within the ranks of active judges, and two additional Members, one each representing employees and employers. Seven labor courts and one labor appellate tribunal may be found around the nation.
Labor Union rules in Bangladesh:
In both the state and federal governments of Bangladesh, workers' rights to organize and join unions are supported and safeguarded. The Department of Labor is responsible for issuing labor union registrations.
If you need to learn more about labour law in Bangladesh and South Asia, or looking for a legal solution in terms of legal and employment issues, feel free to contact Tahmidur Rahman Remura, who are considered as employment
law firm in Bangladesh.
E-mail: info@tahmidur.com
Phone: +8801847220062 or +8801779127165 or +8801708080817