BANGLADESH LABOUR ACT 2006 - ACT 20,21 & 22
20. Retrenchment : (1) A worker
employed in an establishment may be retrenched from service on the ground of
redundancy.
(2) No worker who has been in
continuous service for not less than one year under an employer shall be
retrenched by the employer unless-
(a) The worker has been given one
month’s notice in writing, indicating the reasons for retrenchment, or the
worker has been paid in lieu of such notice, wages for the period of notice;
(b) a copy of the notice is sent
to the chief Inspector or any other officer authorized by him and also to the
collective bargaining agent in the establishment, if any; and
(c) he has been paid,
compensation which shall be equivalent to thirty days wages or gratuity for
every completed year of service if any, whichever is higher.
(3) Notwithstanding anything
contained in sub-section (2), in the case of retrenchment of a worker under
section 16(7), no notice as mentioned in sub-section (2) (a) shall be
necessary; but the worker so retrenched, shall be paid fifteen days wages in
addition to the compensation or gratuity, as the case may be, which may be
payable to him under sub-section (2) (c).
(4) Where any worker belonging to
a particular category of workers is to be retrenched, the employer shall, in
the absence of any agreement between him and the worker in this behalf, retrench
the worker who was the last person to be employed in that category.
21. Re-employment of retrenched
workers : where any number of workers are retrenched, and the employer proposes
to take into his employ any worker within a period of one year from the date of
such retrenchment, he shall give an opportunity to the retrenched workers
belonging to the particular category concerned by sending a notice to their
last known addresses, to offer themselves for employment, and the retrenched
workers who so offer themselves for re-employment shall have preference over
other retrenched workers, each having priority according to the length of his
service under the employer.
22. Discharge from service : (i)
A worker may be discharged from service for reasons of physical or mental
incapacity or continued ill-health certified by a registered medical
practitioner. (2) If a worker who has completed not less than one year of
continuous service is so discharged, he shall be paid by the employer
compensation at the rate of thirty days wages for every completed year of
service, or gratuity, if any whichever is higher.
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