BANGLADESH LABOUR ACT 2006 - ACT 13 & 14
13. Closure of establishment :
(1) The employer may, in the event of an illegal strike by any section or
department of any establishment, close down either wholly or partly such
section or department and the workers participated in the illegal strike hall
not be paid any wages for such closure.
(2) Where by reason of closing
down of any section or department of any establishment under ubsection (1) any
other section or department is so affected that it is not possible to keep that
section or department open, that section or department may also be closed down
and the workers affected thereby shall be paid wages as in the case of lay-off
for a period of three days and thereafter they may not be paid any wages for
such closure.
(3) The fact of such closure
shall be notified by the employer, as soon as practicable, by notice posted on
the notice board in the section or department concerned or at a conspicuous
place in the establishment and the fact of resumption of work, following such
closure, shall likewise be notified.
14. Calculation of ‘One year’,
‘six months’ and ‘wages’ in certain cases :
(1) For the purpose of this chapter, a worker who, during the
preceding twelve calendar months, has actually worked in an establishment for
not less than two hundred and forty days and one under and twenty days as the case
may be shall be deemed to have completed ‘one year’ or ‘six months’ respectively
of continuous service in the establishment.
(2) For the purpose of
calculation of the number of days on which a worker actually worked in an establishment
as mentioned in sub-section (1) the days on which-
(a) the day during which he has
been laid-off;
(b) he has been on leave with or without wages
due to sickness or accident;
(c) he has been on legal strike or out of work
due to illegal lock-out;
(d) in the case of female worker, she has been
on maternity leave not exceeding sixteen weeks; shall be conted.
(3) For the purplse of
calculation of compensation under section 19,20,or 23 or wages under section 22,
23, 26, or 27 ‘wages’ shall mean the average of the basic wages and dearness
allowance and adhoc or interim pay, if
any, paid to the worker during the period of twelve months immediately preceding
the date of his retrenchment, dismissal, removal, discharge, retirement or
termination of employment, as the case may be.
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