Maximum working hours, overtime, weekly rest and leave
Sections 100 to 119 regulate working hours, rest intervals and leave entitlements. Sections 100 and 102 stipulate, respectively, the maximum number of hours that an adult worker can be required to work per day (8 hours maximum) and per week (48 hours). The law also prohibits requiring female workers to work, without their consent, between 10 pm and 6 am.
Under Section 108, if a worker is required to work beyond an 8 hour shift or 48 hours per week, the worker must be paid overtime.
Workers are also entitled to holidays/other leave, such as weekly holiday, compensatory, sick leave, casual leave, annual leave, etc. Furthermore, female workers are entitled to maternity leave and maternity benefits.
Section 100. Daily hours: No adult worker shall ordinarily be required or allowed to work in an establishment for more than eight hours in any day:
Provided that, subject to the provisions of section 108, any such worker may work in an establishment not exceeding ten hours in any day.
Section 101. Interval for rest or meal: Any worker in any establishment shall not be liable to work either
(a) for more than six hours in any day unless he has been allowed an interval of at least one hour during that day for rest or meal;
(b) for more than five hours in any one day unless he has been allowed an interval of at least half an hour during that day for rest or meal; or
(c) for more than eight hours unless he has had an interval under clause (a) or two such intervals under clause (b) during that day for rest or meal;
(d) Whatsoever in this Act, the Government through rules shall determine the hours of work and rest for risky and labour-intensified factories including construction, re-rolling, still mills, ship breaking, wielding.
Section 102. Weekly hours:
(1) No adult worker shall ordinarily be required or allowed to work in anestablishment for more than forty-eight hours in any week.
(2) Subject to the provisions of section 108, an adult worker may work for more than forty-eight hours in a week:
Provided that the total hours of work of an adult worker shall not exceed sixty hours in any week and on the average fifty-six hours per week in any year:
Provided further that in the case of a worker employed in an establishment which is a road transport service, the total hours or overtime work in any year shall not exceed one hundred and fifty hours.
Provided further that the government, if satisfied that in public interest or in the interest of economic development such exemption or relaxation is necessary, in certain industries, by order in writing under specific terms and conditions, may relax the provision of this section or exempt, for a maximum period of six months, from the provision of this section at a time.
Section 103. Weekly holiday: 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 day’s holiday of twenty four consecutive hours; and no deduction on account of such holidays shall be made from the wages of any such worker;
(c) No deduction can be made from the wage of a worker for taking any leave under the above clause (a) and (b).
Section 105. Spread over: The 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 108. Extra-allowance for overtime:
(1) Where a worker works in an establishment on any day or week for more than the hours fixed under this Act, he shall, in respect of overtime work, be entitled to allowance at the rate of twice his ordinary rate of basic wage and dearness allowance and ad-hoc or interim pay, if any.
(2) Where any worker in an establishment are paid on a piece rate basis the employer, in consolation with the representatives of the workers, may, for the purposes of this section, fix time rates as nearly as possible equivalent to the average rates of earnings of those workers, and the rates so fixed shall be deemed to be the ordinary rates of wages of those workers.
(3) The government may prescribe registers to be maintained in an establishment for the purpose of securing compliance with the provisions of this section.
Section 116. Sick leave:
(1) Every worker other than a newspaper worker, shall be entitled to sick leave with full wages for fourteen days in a calendar year.
(2) Every newspaper worker shall be entitled to sick leave with half wages for not less than one eighteenth of the period of services.
(3) 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.
(4) Such leave shall not be accumulated and carried forward to the succeeding year.
Section 117. Annual leave with wages:
(1) Every adult worker, who has 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 the 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 the case of a newspaper worker, for every eleven days of work, performed by him during the previous period of twelve months.
(2) Every worker, who is not an adult, who has completed one year of continuous service n 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 the case of a factory, for every fifteen days of work;
(b) in the 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.
(3) A period of leave allowed under this section shall be inclusive of any holiday which may occur during such period.
(4) 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), 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.
Law / 11 October 2006 / Bangladesh / Labour Act 2006
The Bangladesh Labour Act of 2006 combined and amended a number of laws relating to the employment of workers, minimum wages, compensation for work-related injuries, the formation of trade unions, health and safety, the welfare and working environment of employees, and other related issues. The Act also provides for compensation to workers for injuries sustained in the workplace. The Act applies to both permanent workers and workers employed through a contractor. Under the Act, a contractor who employs workers is treated as an employer and is liable for any violations of the provisions of the law.