Chapter 2 Conditions of employment Conditions of employment mean the term of employment as between the employer and the employees.

The conditions of service, means all those conditions which regulate the holding of a post by a person, right from the time of his appointment till his retirement and even beyond retirement in matters like person etc. Contracts of employment While article 2 of the constitution of !angladesh affords every citi"en with the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business. #very employer in an industrial or commercial establishment is re$uired to issue a formal appointment letter at the time of employment of each worker. Definition of employer: %ection 2&' ( of the )ct defines employer in relation to an establishment, as any person who employs worker in the establishment, and includes following persons*+ ,. )n heir, guardian or assign or legal representative. 2. )ny person responsible for the management, supervision and control of the establishment. -. .n relation to an establishment run by or under the authority of any ministry or division of the government, the authority appointed in this behalf or, where no authority is so appointed , the head of ministry or division. '. .n relation to an establishment run by or on behalf of a local authority, the officer appointed in this behalf, or, where no officer is appointed, the chief e/ecutive officer of that authority. 0. .n relation to any other establishment, the proprietor of such establishment and every director, manager, secretary, agent or other officer or person concerned with the management of the affairs thereof. 1. .n relation to any other establishment occupied by any person other than owner, the occupier of such establishment or the person who controls it absolutely or manager or any other effective officer of the management. This term means any person who employs, either directly or through any other person, or whether on behalf of himself or any other person, one or more employees in a scheduled employment where minimum wages have been fi/ed. Definition of employee or worker

)ccording to section 2&10( of the labour act 2221, worker means any person including an apprentice employed directly or by a contractor in any establishment or industry to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment mainly in a managerial or administrative capacity. Categories of workers ,. Apprentice: section '&2( of The !angladesh 3abour act 2221 enunciates that a worker shall be called apprentice if he is appointed as an apprentice and he is paid an allowance during the period or his training. %o, apprentice worker means a learner worker who is paid an allowance during the period of his probation. 2. Badli: section' &-( of The !angladesh 3abour act 2221 enunciates that a worker shall be called badly if he is appointed in the post of a permanent worker or of a probationer who is temporarily absent. The same definition is said in the section 2&b( of the employment of the labor act, , 10. ) badly worker whose name is entered on the muster+rolls of the establishment shall cease to be regarded as such for the purpose of this section, if he has completed one year of continuous service in the establishment. -. Causal: section '&'( of the !angladesh 3abour )ct 2221 provides that a worker shall be called casual worker if his employment in an establishment is of casual nature. The word casual is used to define for irregular or uncertain work but whichever necessary. %o, such a person is counted as a casual worker who appointed to uncertain work. '. Temporary* section '&0( of the !angladesh 3abour )ct 2221 lays down that a worker shall be called a temporary worker if he is employed in an establishment for work which is essentially of temporary nature, and is likely to be finished within a limited period. 0. Probationer* section '&'( of the !angladesh 3abour )ct 2221 provides that a probationer is one who is provisionally employed to fill a permanent vacancy in a post and has not completed the period of his probation. 1. Permanent* section '&4( of the !angladesh 3abour )ct 2221 provides that a permanent worker is one who has been engaged on a permanent basis or who has satisfactory completed the period of his probation in the establishment.

Period of probation:

%ection '&5( of the !angladesh 3abor )ct, 2221 states that the period of probation for worker whose function is of clerical nature shall be si/ months and for other workers such period shall be three months. %ection '& ( of the !angladesh 3abor )ct, 2221 states that if any worker whose service has been terminated during his probationary period, including the e/tended period of three months in case of a skilled worker, is again appointed by the same employer within a period of three years, he shall, unless appointed on a permanent basis, be deemed to be probationer and the period or periods of his earlier probation shall be counted for determining his total period of probation. Issues of appointment letter and I D card: %ection 0 of the act prescribes that employer must issue an appointment letter for appointing an employee and every worker appointed shall be given an ..6 card with photograph of the worker. !aintain ser"ice book: %ection 1 of the act provides that every employer shall maintain a service book for every worker &e/cluding apprentice, badly and casual workers( employed by him in his own cost. #orker register: %ection of the act lays down that the employer shall maintain a register for all his workers and this shall be kept ready during working hours for inspection by the inspector. The worker register shall contain the following* &a( The name and date of birth of each worker in the establishment7 &b( 6ate of appointment7 &c( The nature of his work7 &d( The periods of work fi/ed for him7 &e( The intervals for rest and meals to which he is entitled7 &f( The days of rest to which he is entitled7 &g( The group, if any, in which he is included7 &h( Where his group works on shifts, the relay to which he is allotted7 and &.( any other description re$uired by rules. $rounds for stoppage of work: %ection ,2 of the !angladesh 3abour act 2221 authori"es an employer almost an unleashed power to close down his factory, shop, commercial or industrial establishment, in the event of fire, catastrophe, machinery breakdown, power outage, epidemic, civil commotion or other causes beyond the employers control, the employer may stop work. #ages for stoppage of work: .n case of detention of workers following such stoppage the workers so detained may not be paid for the period of such detention if it does not e/ceed one hour7 and shall be paid for the whole period of such detention if it e/ceeds one hour. )ccording to section ,2&1( of the !angladesh 3abour act,2221 a worker may not be paid any wages unless entitled to wages under sub+section &0( if the period of stoppage of work does not e/ceed one

working day. .f the period of stoppage of work continues for more than a working day, a worker affected&other than a casual or badly workers( shall be paid wages for the day or days by which it will e/ceed one working day. )ccording to section ,2&5( of the !angladesh 3abour )ct, 2221, if the stoppage of work e/tends beyond three working days the worker may laid+off in accordance with the provisions of section ,1. Wherever a worker other than a badli or casual worker, whose name is entered on the muster rolls of an establishment and who has completed not less than one year of continuous service under the employer, is laid+off, lie shall be paid by the employer, for all days during which he is so laid+off, e/cept for such weekly holidays as may intervene, compensation. The amount of compensation as mentioned in sub+section &,( shall be e$ual to half of the total of the basic wages, dearness allowance, and ad+hoc or intern wages, if any, and the full amount of housing allowance, if any, that would have been payable to him had he not been so laid+off. Definition of $o%slow: %ection 2 &,5( of the act defines go+slow as an organi"ed deliberate and purposeful slowing down of normal output of work by a body of workers in a concern manner, and which is not due to any mechanical defect, breakdown of machinery, failure or defect in power supply or in the supply of normal materials and spare parts of machinery. Definition of &ay%off: )ccording to section 2&05( of the act, lay+off means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stock or the breakdown of machinery, to give employment of a worker. 3ay+off only means that the employee is temporally unemployed and would not be entitled to wages, a person laid+off would be entitled to preference when the working of the factory is resumed. Duration of &ay%off: The duration of 3ay+off can be classified as follows* ,. When work is denied within one hours of his presenting himself. 2. When work is denied in the first half of the shift but the workman again presents himself at the second half of the sift. -. When there is lay+off for one full day. '. When there is lay+off for more than one day but not amounting to retrenchment. 0. .f the stoppage of work e/tends beyond three working days the workers may be laid+off in accordance with the provisions of section ,1. Definition of Closure: %ection ,- of the !angladesh 3abour )ct 2221 provides the rules regarding the closure of establishment. Closure means the closing of any place or part of a place of employment or the total,partial suspension of work by an employer or the total or partial refusal by an

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employer to continue to employ persons employed by him whether such closing suspension or refusal is or not in conse$uence of the industrial dispute. Compensation for closure of establishment: Compensation for closure of establishment is deemed to have given in the following procedures* ,. The employer may in the event of an illegal strike by any section or department of an establishment close down either, wholly or partly and the workers taking part in such strike will not be paid any wages. 2. .f because of closure of any section or department as mentioned in sub+section &,(, it becomes impossible to keep open any other section or department of the establishment, then the employer may close such other section or department and in such a case workers shall be paid lay+off compensation for three days and no other compensation may be given for any e/tended period of closure. -. The notice of such closure as mentioned in sub+section &2( shall be, as soon as possible, notified, by notices posted on the notice board in the section or department concerned and, in other cases, at a conspicuous place.

&aid%off #orkers 'ot entitled to Compensation in certain cases: 8o compensation shall be payable to a worker who has been laid+off, if7 9e refuses to accept any alternative employment not re$uiring special skill or previous e/perience in the same establishment. 9e refuses to accept any alternative employment not re$uiring any special skill or previous e/perience in any establishment belonging to the same employer and situated in the same town or village or situated within a radius of eight miles from the establishment on the same wages. 9e does not present himself for work at the establishment at the appointed time during normal working hours at least once a day if so re$uired by the employer. Definition of retrenchment: %.2 &,,( of the )ct defines retrenchment as the termination by the employer of services of workers on the ground of redundancy. Conditions Precedent to (etrenchment: %.22 &2( of the )ct provides that a workman who has been in continuous service for not less than one year under as employer shall not be retrenched by that employer unless all the following conditions are fulfilled* a. 'otice: the worker has been given one month:s notice in writing indicating the reasons for retrenchment or the worker has been paid in lieu of such notice, wages for the period of notice7

b. )ending of 'otice: ) copy of the notice in respect of the retrenchment is sent to the chief inspector or any other officer authori"ed by him, and another copy is sent to the collective bargaining agent7 and c. Compensation: The worker has been paid, at the time at retrenchment, compensation which shall be e$uivalent to thirty days: wages for every completed year of service or for any part thereof in e/cess of si/ months, or gratuity, if any, and whichever is higher. Definition of Discharge: 6ischarge is defined by the %.2 &,4( of the !angladesh labour )ct 2221 as the termination of services of a worker by the employer for reasons of physical or mental incapacity or continued ill health of the worker. Compensation *or Discharge: )ccording to %.22 &2( of the )ct. ) discharged worker having completed not less than one year of continuous service shall be paid by the employer compensation at the rate of thirty days: wages for every completed year of service or for any part thereof in e/cess of si/ months, or gratuity, if any whichever is higher. Definition of Dismissal: %.2 &- ( of the !angladesh 3abour )ct 2221 defines the term 6ismissal as the termination of services of a worker by the employer for misconduct, The statute outlines several categories of misconduct including willful insub+ordination or disobedience, theft, fraud or dishonesty, bribery, habitual late attendance, habitual negligence of work, and falsifying or tempering with, damaging or causing loss of employers official records.. ;isconduct may be happened in the following three ways7 i( technical misconduct7 ii( damaging or causing loss of employers resources7 and iii( ;isbehave with other employees. $rounds of Dismissal: %.2 &- ( and 2-&,( of the !angladesh 3abour )ct stipulates that a worker may be dismissed without prior notice or pay in the following grounds7 i( Convicted for an offence ii( .s found guilty of misconduct under %.2'. Punishment *or !isconduct: Workers may be dismissed for misconduct without prior notice or pay in lieu thereof if he is convicted for an offence or is found guilty of misconduct under %.2' of the !angladesh 3abour )ct, 2221. )ccording to %.2- &2( of the !angladesh 3abour )ct, 2221, a worker guilty of misconduct may instead of dismissal be given following penalties considering special situations7 a. <emoval7 b. !ring to lower grade of the =ob, not more than a year down to salary scale7

c. d. e. f. g.

%topping promotion for not more than one year7 %topping salary rise for not more than one year7 >ine7 Temporary dismissal for not more than 4 days without pay7 and Censure and Caution.

Procedure +f Punishment *or !isconduct: ?rocedure of punishment for misconduct is arranged by the %.2' of the )ct. )ccording to %.2' &,( no order for punishment under %.2- against a worker shall be made unless7 a. The allegations against him are recorded in writing7 b. 9e is given a copy thereof and not less than 4 days time to e/plain7 c. 9e is given personal hearing such a prayer is made7 d. )fter in$uiry he is proved guilty7 and e. The employer or the manager approves of such order. !ethods +f Termination +f ,mployment By the ,mployer: %.21 of the !angladesh 3abour )ct, 2221 provides the methods for terminating the employment of a worker by the employer otherwise then by dismissal, discharge etc. in the following ways* In the case of termination of the employment with notice:

,. *or a permanent worker: The employer shall be terminated of monthly rate workers giving a written notice of ,22 days and the employer shall be terminated of other workers giving a written notice of 12 days7 2. *or a temporary worker: .f it is not due to completion, cessation, abolition or discontinuance of the temporary work which he has appointed through perform, the employer shall be terminated of monthly rate workers giving a written notice of -2 days and the employer shall be terminated of other workers giving a written notice of ,' days7 and In the case of termination of the employment without notice: *or a permanent worker: The employer shall be terminated of monthly rate workers without giving a notice for paying of ,22 days wages and the employer shall be terminated of other workers without giving a notice for paying of 12 days wages7 and *or a temporary worker: .f it is due to the completion cessation, abolition or discontinuance of the temporary work which he was appointed to perform, the employer shall be terminated of monthly rate workers without giving a notice for paying of -2 days wages and the employee shall be terminated of the other workers without giving a notice for paying of ,' days wages.

Compensation *or Terminating +f ,mployment By the ,mployer: %.21 &'( of the !angladesh 3abour )ct, 2221 provides that the permanent worker whose employment is terminated, shall be paid by the employer compensation at the rate of thirty days wages for every completed year of service or gratuity, if any, whichever is higher and this compensation shall be in addition to any other benefit to which he may be entitled. !ethods of Termination of ,mployment By the ,mployee: 2 In the case of termination of the employment with notice: *or a permanent worker: .f a permanent worker desires to terminate his@her employment, si/ty days: written notice must be given to the employer. *or a temporary worker: .f a temporary worker desires to terminate his@her employment, -2 days: notice in the case of monthly wage workers, and ,' days: notice in the case of other workers, must be given in writing to the employer. In the case of termination of the employment with notice: - *or a permanent worker: .f a permanent worker desires to terminate his@her employment without notice, 12 days: wages must be paid to the employer7 2 *or a temporary worker: .f a temporary worker desires to terminate his@her employment without notice, -2 days: wages in the case of monthly rates workers, and ,' days: wages in the case of other workers, must be paid to the employer.

Definition of (etirement: <etirement means voluntary termination of one:s own employment of career, especially upon reaching a certain age. %.2 &,( of the )ct defines retirement as retiring from employment on completion of certain age according to %.25 of this )ct. 9owever, the term Aretirement: will also include willful retiring from employment by a worker on completion of his 20 years if employment. (etirement of a #orker: (etired ages: %.25 ,( of the )ct provides that if a worker reaches the age of 12 years, he will go for retirement from service. Proof of worker.s retired age: %.25 &2( of the )ct lays down that for the purpose of this section the date of birth of the worker in the service book will be proof to determine his age. Appointed on contract basis: %.25 &'( of the )ct enunciates that the retiring worker may be, if the authority thinks proper, appointed on contract basis. Certificate of )er"ice: %.-, of the )ct stipulates that every worker &other than a casual or badli worker( shall be entitled to a certificate of service at the time of his retrenchment, discharge, dismissal, retirement or termination of service.

,"iction from (esidential Accommodation: ,. ) worker occupying a residential accommodation provided by his employer, who has retired from his services, shall vacate such residential accommodation within a period of si/ty days from the date of his retirement. 2. Bn default of a worker in vacating the residential accommodation under sub+section &,( the employer may lodge a complaint to the 3abour Court. -. The 3abour Court, on hearing the parties, ;ay notwithstanding anything contained in any other law for the time being in force, summarily decides the case and may pass an order of eviction giving the worker reasonable time to $uit. '. The 3abour Court may pass an order directing a police+officer to evict such a worker, if necessary, by force, in case he fails to $uite resident accommodation within the time allowed under the sub+section &-(. $rie"ance Procedure* )ny complaint under this section shall not amount to any criminal allegation under this act. )ll termination of service in any form must be documented in writing stating the reasons for such an act. .f a worker is aggrieved by an order of termination he or she may proceed under %.-- of the !angladesh 3abour )ct 2221, aimed at regulating the labour+ management relations in the country, in writing either him or herself, through the establishment steward or through his or her trade union within thirty days of the occurrence of the cause of action. Crievance procedure has been sorted in the following processes* ,( %ubmission of grievance* ?ursuant to section --&,( of the !angladesh 3abour )ct, 2221, a worker may bring his or her grievance in respect of any right guaranteed or secured by or under any law or any award or settlement to the notice of the employer in writing, either him or herself or through the shop steward or Collective !argaining )gent &C!)(, within one month of the day on which cause of such grievance arises. The !angladesh 3abour )ct 2221 reduces the delay from three months to one month. %ection --&,( of the )ct provides that any discharged, retrenched, laid+off or otherwise removed from employment who has a grievance in respect of any matter covered under this chapter and intends to seek redress thereof under this section, shall submit his grievance to his employer, in writing, by registered post within thirty days of the occurrence of the cause of such grievance. .f the employer receives the grievance directly with acknowledgement in writing, there will be no need to send the grievance by registered post.