The Bangladesh Labour Code, 2006

Chapter 02 : Conditions of Service and Employment

Sec. 03: Conditions of Employment/Service

(1) In every establishment Appointment of workers and other matters incidental thereto
shall be regulated in accordance with the provisions of this Chapter:
Provided that any establishment may have its own employment rules, but it cannot
be less favorable than the provisions of this chapter.

(2) The service rule must be submitted by the employer to the Chief Inspector for
approval and the Chief inspector shall give appropriate order within six months of the
receipt of the service rule.

(3) Any service rule cannot be put into effect without the approval of the Chief
Inspector.

(4) Any person dissatisfied with the order may appeal to the Government within 30 days
of the receipt of the order and the order given by the Govt. shall be final.

(5) Any provision of sub-section (2) shall not be applicable to any government
establishment

Sec. 4: Classification of Workers (7 types of workers)

(1) On the basis of the nature of work, the workers may be classified into the following
classes:
(a) Apprentices
(b) Badli Worker
(c) Casual Worker
(d) Temporary Worker
(e) Probationer
(f) Permanent Worker
(g) Seasonal Worker

(a) Apprentices:
A worker shall be called an apprentice if he is appointed as a learner/trainee and he is
paid an allowance during the period of his training.

(b) Badli Worker:

 A worker shall be called a badli worker if he is appointed to work in absence of a
permanent worker or a probationer who is temporarily absent.

(c) Casual Worker:

A worker shall be called casual worker if his employment in an establishment is of
casual nature. The term ‘casual’ is used to refer to a situation where the employee
has no guaranteed hours of work, no regular pattern of work, and no ongoing
expectation of employment.

(d) Temporary Worker :

A temporary worker is one who has been engaged for work which is essentially of
temporary nature and is likely to be finished within a limited period.

(e) Probationer
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 in the establishment.

(f) Permanent Worker (Sub-section 7)

Permanent worker is one who has been employed on a permanent basis or one who
has satisfactorily completed the period of his probation in the establishment.

(g) Seasonal Worker

A worker may be called a seasonal worker if he is employed in an establishment for
seasonal works during any work season and remain in employment up to the end of that
season.

Sec 04: Duration of Probation

(a) The period of probation for a worker whose function is of clerical nature shall be
6 (six) months and for other workers such period shall be 3 (three) months:

Provided that in the case of a skilled worker, the period of probation may be
extended for a further period of three months if, for any reason, the quality of his
work within first 3 (three) months of his probation is not possible to ascertain.

Provided further that a worker shall be deemed to be permanent in accordance

with the provision of sub-section (7) notwithstanding he has not been issued any
confirmation letter after completion of his probationary period or extended period
of 3 (three) months.]

(b) If any worker, whose service is terminated during his probationary period,
including the extended period, is reappointed by the same employer within a
period of 3 (three) years, he shall, unless appointed on a permanent basis, be
 deemed to be a probationer and the period of his earlier probation shall be counted
for determining the total period of his probation.

(c) If a permanent worker is employed as a probationer in a new post, he may, at

any time during his probationary period, be reverted to his previous permanent
post.

Sec. 5: Letter of Appointment and Identity Card.

No employer can employ any worker without a letter of appointment and shall provide
every appointed worker an ID Card with photo.

Sec. 6: Service Book.

(1) Every employer shall, with his own cost, arrange a service book for each worker.
(2) Every service book shall be under the custody of the employer.
(3) Before appointing an experienced worker the employer shall require from him his
service book.
(4) If the worker possesses a service book, he will hand it over to his new employer.
(5) If that worker does not have a service book, the employer will make an arrangement for a
service book for the worker.
(6) If any worker himself wants to maintain a service book, he can do it with his own
cost.

Sec. 7: Form of the Service Book.

(1) The service book shall be maintained in prescribed form and a photo of the worker shall
be affixed to it.

(2) The service book shall contain the following particulars, such as—
(a) Name of the worker, his/her mother’s and father’s names, address and name of the
spouse if applicable
(b) Date of birth
(c) Special particulars necessary for identification
(d) Name and address of the previous employer, if any
(e) Duration of service
(f) Profession or post
(g) Wages and allowances
(h) Leave enjoyed, and
(i) Conduct of the worker.

Sec. 7: Procedure for Leave

 (1) A worker who wants leave of absence has to apply in writing with leave-address to his
employer.

(2) The employer or his authorized officer shall issue order within 7 days from the date of
the receipt of the application or 2 days prior to the commencement of leave,
whichever is earlier.
Provided that due to emergency if the leave is to start on the date of application or within
3 days, the order shall be given on the same day.

(3) If the leave is granted, a leave pass is to be issued to the worker.

(4) If the leave is rejected or postponed, the concerned worker is to be informed with
reasons before the date of the starting of the leave and the matter shall be written down
in the register.

(5) If the worker wants an extension of the leave, he has to apply in advance before the
expiry of the leave to the employer who shall send a written reply either granting or
rejecting the prayer to the worker’s leave address.

Sec. 11: Payment of Wages for Unavailed Leave

If a worker is dispensed because of retrenchment, discharge, dismissal, retirement,

resignation or any other reason, the employer shall pay his wages for unavailed leave at
the rate of the wages during the period of leave.

Sec. 16: Right of Laid-off Workers for Compensation

In case of lay-off, no worker shall be entitled to the payment of compensation for more
than forty-five days during any calendar year unless there is an agreement to the contrary
between him and the employer.

The amount of compensation shall be ½ of the total of basic wages and dearness
allowance and ad-hoc or interim wages, if any.

If during a calendar year a worker is laid-off for more than forty-five days, whether
continuously or intermittently, and the lay-off after the expiry of the first forty-five days
comprises period of fifteen days or more, the worker shall be paid compensation for all the days
after fifteen days or more.

The amount of compensation shall be ¼ of the total of basic wages and dearness
allowance and ad-hoc or interim wages, if any.
 In case of other worker, except a badly or casual worker, whose name is borne in muster-
roll of an establishment and who has completed not less than one year of continuous service
under the employer is laid-off the employer shall pay compensation for all the days except for
holidays.
If a worker needs to be laid-off 60 days (45+15) or more, instead of laying-off the
employer can retrench the worker under section 20 of this Act.

Sec. 20: Retrenchment

(1) Any worker may be retrenched from any establishment because of being excess over
necessity.

(2) In case of retrenchment of any worker who served in continuous employment of

minimum one year, the employer shall have to –
(a) Give one moth’s notice in writing with reason or pay wages of one month instead of
notice
(b) Copy of the notice shall be sent to the Chief Inspector and to the representative of
the CBA (Collective Bargaining Agent)
(c) Give compensation equivalent to wage of 30 days for every completed year or
gratuity, whichever is higher

(3) In case of retrenchment under section 16 (7), no notice will be necessary, but in addition
to compensation or gratuity, the employee has to be paid wages for 15 days more.

(4) The employer shall retrench the worker who was the last person employed in a
particular category.

Sec. 23: Punishment for Conviction and Misconduct

(1) A worker may be dismissed without notice or pay instead of notice, if—
(a) He is convicted for any criminal offence; or
(b) He is found guilty of misconduct under section 24.

(2) A worker instead of being dismissed for misconduct may be, under extenuating
circumstances, given any of the following punishments, such as—
(a) Termination
(b) Demotion to lower post, grade or pay-scale for not more than one year
(c) Holding up of increment of wages for one year
(d) Fine
(e) Suspension for not more than one week without wages
(f) Censure & warning
 (3) The employer shall pay as compensation wages of 14 days or gratuity, which is higher to
the dismissed worker under subsection (1) for every completed year of service.

Provided that a worker dismissed under sub-section 4(b) for misconduct shall not be
entitled to any compensation.

(4) The following acts shall be treated as misconduct—

a) Willful insubordination or disobedience, whether alone or in combination with others,

to any lawful or reasonable order of a superior;
b) Theft, fraud or dishonesty in connection with the employer’s business or property;
c) Taking or giving bribes;
d) Habitual absence without leave or absence without leave for more than ten days;
e) Habitual late attendance;
f) Habitual breach of any law or rule or regulation applicable to an establishment;
g) Disorderly behavior in the establishment;
h) Habitual negligence or neglect of work;
i) Habitual disobedience or violation to any of the rules relating to conditions of service;
j) Falsifying, tampering with, damaging or causing loss of employer’s official records.

Sec. 24: Procedure for Punishment

(1) No order for punishment against a worker shall be made unless:

(a) The allegations against him are recorded in writing;

(b) He is given a copy thereof and not less than seven days’ time to explain;
(c) He is given an opportunity of being heard;
(d) He is proved guilty, after enquiry made by the enquiry committee consisting of equal
representatives from owner and worker; and
(e) The employer or the manager approves of such order.

(2) A worker charged for misconduct may be suspended during inquiry. Unless it is pending
in the court, the suspension period shall not be more than 60 days.
During the suspension, a worker shall be paid a subsistence allowance.

(3) Any order of suspension shall be in writing and shall be effective instantaneously on the
delivery to the worker.

(4) Any person employed in the establishment and nominated by him shall be able to help
the worker found guilty on enquiry.

(5) If any person produces oral evidence against the worker, he shall be allowed to cross-
examine that person.
(6) If the worker is found guilty on inquiry, he will not get any wage for the period of
suspension, but will get subsistence allowance for that period.

(7) If the worker is not found guilty, he shall be considered to have been on duty for the
period of suspension and shall get wages for that period.

The End