Employee

Legislation
Task!

The purpose of
Employment law!
Employment legislation

 Provisions relating to health, hygiene

 Employee welfare
 Working hours and leave
 Wages and payment
 Workers compensation for injury by accident
 Trade union and industrial relations
 Disputes
 Workers participation in companies’ profits
 Regulation of employment and safety
 Provident funds
 Penalties and procedure etc
Employment legislation

 Legislation(law) related to workforce management,

employment, trade unions are termed labor laws or
employment law.
 In Bangladesh, labour and employment relations in the private
sector are regulated by the Bangladesh Labour Act 2006 (the
Labour Act), as amended from time to time, and the rules
created there under, the Bangladesh Labour Rules 2015 (the
Labour Rules).
 Some of these issues include employment contract, wage and
hour standards, discrimination, workplace safety and health,
pensions and benefits, and workers’ compensation.
Employment contract

 An employment contract or contract of employment is a kind of contract used in labour law to

attribute rights and responsibilities between parties to a bargain. The contract is between an
"employee" and an "employer“.

 In Bangladesh, a letter of appointment is mandatory in the absence of a written contract. The terms
of the contract are binding between the employee and employer, providing they do not contravene
the provisions of the Labour Act.

 The letter of appointment or written contract will include:

 Working hours
 Salary
 Role title
 Nature of work
 Working time and leave
 Procedures for dismissal
 Minimum wage
Working time and leave

 Wage and hour standards constitute

an important —and growing—area of
employment law. These standards
include minimum wage, overtime pay,
and underpayment in a variety of
public and private workplaces, as well
as family and medical benefits.
 As per the Bangladesh Labour Act,
2006 (amended in 2015), no adult
shall ordinarily be required or allowed
to work in an establishment for more
than eight hours in any day and more
than forty-eight hours in any week.
 No women shall, without her consent,
be allowed to work in an
establishment between the hours of
10.00 PM and 6.00 AM
Workers’ Compensation

 Workers’ compensation programs

provide wage replacement,
medical treatment, vocational
rehabilitation, and other benefits
to employees who are injured or
develop an occupational disease
over the course of employment
 There are also compensation
programs that are administered by
state governments and through
the private sector. The worker’
compensation area is a fairly
discrete one and tends to largely
involve administrative advocacy
rather than courtroom litigation
Discrimination

 Workplace discrimination
occurs when an employee
suffers from unfavorable or
unfair treatment in the
workplace because of their age,
gender, race, national origin,
religion, or sexual orientation.
Disability laws also expand
upon the employment rights of
veterans and persons with
disabilities. Although workplace
discrimination is becoming
more widely reported, it
continues to affect millions of
workers across the country.
Annual leave

 As per Bangladesh
Labour Act, 2006
(amended in 2015),
every adult, who has
completed one year of
continuous service in an
establishment, shall be
allowed fully paid
annual leave
Healthcare and benefits

 Large local and multinational

companies typically provide
employees with private health care,
car facilities, subsidised meals and
other fringe benefits.
 Most of the companies in
Bangladesh provide provident and
gratuity benefits to permanent
employees. Provident funds are
generally built through the
contribution of both the employees
and employers. Provident funds for
‘workers’ within the meaning of the
Bangladesh Labour Act 2006 have
to be as per the requirements set
out in the said Act.
Maternity benefit

 A woman is entitled to
maternity leave of eight
weeks before and eight
weeks after the delivery
provided she has worked
with the employer for a
minimum of six months
prior to the delivery. A
government female
employee is entitled to
maternity leave of six
months, twice during
her job-life.
Probation

 The maximum
probationary period in
Bangladesh is six months
for workers operating in
a role of a clerical
nature and three months
for other workers.
Dismissal

 The termination of employment contracts can

be done through discretionary termination,
discharge, disciplinary termination or
collective redundancies.
 Typically, to terminate a permanent
employment contract unilaterally, a period of
notice must be given. The employer must give
120 days' notice, while the employee is
required to give only 60 days' notice. The
period is shortened for temporary workers,
whereby both employee and employer must
only give 30 days' notice.
 Notice does not need to be given in the case
of disciplinary termination on the basis of
conviction for a criminal offence. For other
disciplinary reasons, eg theft, fraud, habitual
late attendance, negligent work or disorderly
behaviour, the employee. If the employee is
unsuccessful in this, the employe is given
seven days to justify his misconductr is then
obliged to call a hearing to determine
whether the employee should be dismissed
Social security

 Employees in Bangladesh are

not obliged to contribute
towards any social security
funds. Companies satisfying the
criteria set out in the
Bangladesh Labour Act 2006 (as
amended in 2015) must pay five
per cent of their profits into a
Workers Profit Participation
Fund which is provided to all
employees except those who
are the owner, partner or
directors who have been in
employment with the said
employer for minimum nine
months
Employment of non-resident
employees
 Non-residents require a
work permit to take up
employment contracts in
Bangladesh. This is subject
to a number of conditions.
Only residents of countries
specified by the
Bangladesh government
can apply for work permits.
Furthermore, employers
cannot employ expatriates
if there is a local expert
available for the position.
Other Workplace Standards

 Additional issues that arise

in the workplace, though
not as frequently as those
listed above, include
whistleblower protections,
laws against polygraph
tests, notices for plant
closings and mass layoffs
 Trade unions
 The Bangladesh Labour Act, 2006 (amended
in 2015) contains a number of provisions
regarding the establishment of trade unions.
 Employees have the right to join and form a
trade union primarily for the purpose of
regulating the relations between employees
and employers or between employees
themselves.
 Employers shall have the right to form a
trade union to regulate the relations
between employers and workers or between
employers. They are also free to join any
trade unions of their choice.
 Trade unions and employers’ associations
shall have the right to draw up their
constitutions and rules, to elect their
representatives in full freedom, to organise
their administration and activities and to
formulate their programmes.
Collective agreements

 A collective agreement is a written contract between

the employer and a union that outlines many of the
terms and conditions of employment for employees in a
bargaining unit.
 The interests of the employees are generally
represented by the members of a trade union to which
the employees belong.
 Discipline, Grievances and
redundancy

 Many potential disciplinary

or grievance issues can be
resolved informally. A quiet
word is often all that is
required to resolve an issue.
However, where an issue
cannot be resolved
informally then it may be
pursued formally. This Code
sets out the basic
requirements of fairness that
will be applicable in most
cases; it is intended to
provide the standard of
reasonable behaviour in most
instances.
Discipline, Grievances and
redundancy
 Disciplinary situations include
misconduct and/or poor
performance. If employers
have a separate capability
procedure they may prefer to
address performance issues
under this procedure. If so,
however, the basic principles
of fairness set out in this
Code should still be followed,
albeit that they may need to
be adapted.
 Grievances are concerns,
problems or complaints that
employees raise with their
employers.
Discipline, Grievances and
redundancy
 A redundancy usually
happens because of
discontinuance of business
on or off the employee's
site or a reduction of
work or relocation of the
business to a new location
or change in the business
processes leading to the
removal of employment.
This usually impacts the
morale, productivity and
motivation of other
employees as well
Discrimination in employment
advertisement
 According to the Human Rights Code (Discrimination in employment advertisements),
you must not publish job postings or advertisements that give preference to:
 Race
 Colour
 Ancestry
 Place of origin
 Political belief
 Religion
 Marital status
 Family status
 Physical or mental disability
 Sex
 Sexual orientation
 Gender identity or expression
 Age
Data Protection

 A significant amount of information related to Employees is

created and gathered during the employment relationship. 
 Information retained may include details of the recruitment
process followed to hire an Employee, the written statement
of terms and conditions of employment provided on hiring the
person, records of pay including holiday pay and public holiday
benefits, any information relating to disciplinary situations,
grievances and documentation related to workplace
investigations, as well as documentation related to Employee
benefits, agreements to deductions from pay and so forth. 
 It is important to be aware that all information held by an
Employer related to an Employee must be stored, processed
and maintained in accordance with the Information and
Communication Technology (ICT) Act of 2006
Reading List

 DeCENZO, D.A. and Robbins, S.P., 2010. Human

resource management. Hoboken.
 https://www.thedailystar.net
/law-our-rights/urge-enact-privacy-and-data-protection
-law-1527220
 Bingham, C. and Druker, J., 2016. Human resources,
ethics and corporate social responsibility: what makes
‘people’count within the organisation’s corporate social
responsibility platform?. In CIPD Applied Research
Conference 2016: The shifting landscape of work and
working lives. Chartered Institute of Personnel and
Development.
Ethical and Social Issues

 Human Resources Manager’s Role

Human Resource Managers will typically be involved in shaping a company’s ethical practices
trough developing a code of conduct for the organisation. Human Resources managers must
have a clear understanding of the relevant legislation and ensure that all staff understand their
legal responsibilities. Human Resources Managers are also involved in solving day-to-day
problems relating to ethics. 
 Ethical and Legal Issues in the Workplace
 Examples of Legal and Ethical Issues affecting the workplace that is relevant to the
Human Resources Function include:
 Unethical work practices or conditions
 Unlawful and Unfair dismissal
 Bullying, Harassment and Discrimination
 Workers compensation
 Accidents, Injuries, Death & Disease
 Stress
 Work Overload
Thank you!