BANGLADESH LABOUR ACT 2006 - ACT 15 & 16
15. Restrictions of application of sections 12, 16, 17, and 18: Notwithstanding anything contained elsewhere in this chapter, the provisions of sections 12, 16, 17, and 18 shall not apply to any establishment in which five or more workers are not employed, or were not employed on any day of the preceding twelve months.
16. Right of laid-off workers
for compensation : (1) Whenever a worker, other than a badli or casual worker,
whose name is borne 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, he shall be paid compensation by the employer for all days during
which he is so laid-off, except for such weekly holidays as may intervene.
(2) The amount of compensation
as mentioned in sub-section (1) shall be equal to half of the total of the
basic wages and dearness allowance, and ad-hoc or interim pay, 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.
(3) A badli worker whose name
is borne on the muster-rolls of an establishment shall cease to be regarded as
‘badli’ for the purpose of this section, if he has completed one year of
continuous service in the establishment.
(4) No worker shall, unless
there is an agreement to the contrary between the worker and the employer, be
entitled to the payment of compensation under this section for more than
forty-five days during any calendar
year.
(5) Notwithstanding anything
contained in sub-section (4), 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 or
periods of fifteen days or more, the worker shall, unless there is an agreement
to the contrary between the worker and the employer, be paid compensation for
all the days comprised in every subsequent period of lay-off for fifteen days or
more.
(6) The amount of compensation
as mentioned in sub-section (5) shall be equal to one-fourth of the total of
the basic wages and dearness allowance, and ad-hoc or interim pay, if any, and
the full amount of housing allowance, if any.
(7) In any case where, during
a calendar year, a worker is to be laid off after the first forty-five days as
aforesaid, for any continuous period of fifteen days or more, the employer may,
instead o layingoff such a worker, retrench him under section 20.
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