Chapter-II

Appointment & Conditions of Employment

Section-3(1)
In every establishment employment of workers & other matters incidental thereto
shall be regulated in accordance with the provisions of this chapter.

Provided that any establishment may have its own rules regulating employment
of workers or any class thereof, but no such rules shall be less favorable to any
worker than the provisions of this chapter.

Further provided that, the establishments, in which this Act is not applicable,
shall not be entitled to have its own laws, principles, rules-regulations, house
policy containing less favorable provision to worker than the provisions of this
act.
 Chapter-II
Appointment & Conditions of
Employment

Section 3(2)
The service rules regulating employment of workers
or any class thereof in any establishment as
mentioned in subsection(1) shall be submitted by
the employer of such establishment to the chief
inspector for approval & the chief inspector shall
give his order as he deems fit within 90 days of
receipt of it.
 Chapter-II
Appointment & Conditions of
Employment

Section3(3)
No service rules as mentioned in sub
section(2) shall be put into effect
without approval of the chief
inspector
 Chapter-II
Appointment & Conditions of
Employment

Section 3(4)
Any person aggrieved by the order of
the chief inspector may within 30
days of issue of such order, appeal to
the govt. & the decision of the govt.
shall be final
 Chapter-II
Appointment & Conditions of
Employment

Section 3(5)
No provision as mentioned in sub
section(2) shall apply to any
establishments owned, managed or
controlled by the govt. of Bangladesh
Section 3 A: Registration of Contracting Organization:

Notwithstanding anything contained in any other laws,

no contracting organizations, identifies as whatever
name of title, which provide employee to different
organizations on contractual basis at different posts,
shall not operate its functions without registration
from the govt.
 Classification of Workers

Section-4
The workers employed in any establishment shall be classified in
any of the following classes according to the nature &
condition of work:
a. Apprentice: Apprentice worker means a learner worker who
is paid an allowance during the period of his
learning/training-4(2).

b. Badli : A worker shall be called badli if he/she is appointed

in the post of a permanent worker or of a probationer who is
temporarily absent-4(3)
 Classification of Workers

c. Casual: A worker shall be called casual worker if he is

casually employed to do a job, which is casual in nature-4(4).

d. Temporary: A temporary worker is one who has been

engaged for work which is essentially of temporary nature &
is likely to be finished within a limited period-4(5).
e. Probationer: A PROBATIONER IS ONE WHO HAS BEEN
EMPLOYED TO FILL A PERMANENT POST & HAS NOT
COMPLETED THE PERIOD OF HIS PROBATION-4(6)
 Classification of Workers

f. Permanent: A permanent worker is one who has

been engaged on a permanent basis or who has
satisfactorily completed the probationary period-
4(7).

g. Seasonal: a worker shall be called as a seasonal

worker if he is employed in a season to do a
seasonal work and if his employment continues
throughout that season-4 (11)
 Period of Probation: Section 4(8)

The probation period is 6 months for

workers whose function is clerical in
nature & the period is inclusive of leave,
illegal lock out, & legal strike
In case of technical personnel, the
period of probation is 3 months
In case of a skilled worker, the period of
probation may be extended by an
additional period of 3 months, if
necessary
Period of Probation: Section 4(9)
If any worker, whose service has been
terminated during the probationary period,
including the extended period of 3 months in
case of a skilled worker, is again appointed by
the same employer within the period of 3 years,
he shall, unless appointed on a permanent basis,
be deemed to be a probationer and the periods of
his earlier probation shall be counted for
determining his total period of probation
 Section 4(10)
If a permanent worker is appointed
as a probationer in a new post, he
may, at any time during the
probationary period, be reverted to
his old permanent post
 Appointment Letter & ID Card:
Section 5
No employer shall appoint a worker
without issuing a letter of
appointment & every worker
appointed shall be given an ID card
with photograph of the worker
 Service Book: Section 6
Every Employer shall, in his own cost,
maintain a service book for every
worker employed by him
Every such service book shall be kept
at the custody of the employer
If a worker wants to get a copy of his
service book, he is entitled to have a
copy in his own cost
Nothing in this section shall apply to
apprentice, badli or casual worker
 Chapter -II
Section 7: Form of Service Book
Section 8: Inclusion in the service
book
Section 9: Worker Register & Ticket/
Card
Section 12: Stoppage of Work
1. The employer may, at any time, in the
event of fire, catastrophe, breakdown
of machinery, or stoppage of fire
supply, epidemics, civil commotion or
other cause beyond his control, stop
any section or sections of
establishment, wholly or partly and
the period of stoppage will be as long
as the reason for which the stoppage
was declared continues.
 Section 12: Stoppage of Work
(contd.)
2. In the event of such stoppage
occurring at any time beyond
working hours, the employer shall
notify the workers affected, by
notices posted on the notice board in
the section or department concerned
and in other cases, at a conspicuous
place.
 Section 12: Stoppage of Work
(Contd.)
3. In the notice as mentioned in the sub
section(2)the employer must indicate
as to when the work will be resumed
and whether such workers are to
remain at their place of work at any
time before the actual resumption.
 Section 12: Stoppage of Work
(contd.)
4. In the event of such stoppage
occurring at any time during working
hours, the workers affected shall be
notified soon as practicable, by
notices posted as mentioned in sub
section (2), indicating as to when the
work will be resumed and whether
such workers are to leave or remain
at their place of work
 Section 12: Stoppage of Work
(contd.)
5. In case of detention of workers
following such stoppage, the workers
so detained may not be paid for the
period of such detention if it does not
exceed one hour and shall be paid for
the whole period of such detention if
it exceeds one hour
 Section 12: Stoppage of Work
(contd.)
6. If the period of stoppage does not
exceed one working day, a worker
unless entitled to wages under sub
section (5), may not be paid any
wages
 Section 12: Stoppage of Work
(contd.)
7. If the period of stoppage of work
continues for more than a working
day, a worker affected other than a
casual or badli worker shall be paid
wages for the day or days by which it
will exceed one working day.
 Section 12: Stoppage of Work
(contd.)
8. If the stoppage of work extends
beyond three working days the
workers may be laid-off in accordance
with the provision of section 16.
 Section 12: Stoppage of Work
(contd.)
9. The lay off as mentioned in sub-
section(8) shall be effective from the
day of stoppage of work and any
wage paid to a worker for first three
days may be adjusted against the
compensation payable for such
subsequent lay-off
 Section 12: Stoppage of Work
(contd.)
10. If due to stoppage any piece-rated
workers are affected, their average
daily earnings in the previous month
shall be taken to be the daily wage
for the purposes of the sub section
(9)
 Section 13:Closure of Establishment

(1)The employer may, in the event of an illegal

strike in any section or department of an
establishment, close down that department or
establishment either wholly or partly and the
workers taking part in such strike will not be
paid any wages.
 Section 13:Closure of Establishment
(Contd.)
(2)If because of closure of any section or
department as mentioned in sub section (1), it
becomes impossible to keep open any other
section or department of the establishment,
then the employer may close down such other
section or department and in such a case
workers shall be paid laid-off compensation
for the three days and no other compensation
may be given for any extended period of
closure.
 Section 13:Closure of Establishment
(Contd.)
(3)The notice of such closure as mentioned in
sub-section(2) shall be, as soon as possible,
notified, by notices posted on the notice
board in the section or department concerned
and, in other cases, at a conspicuous place
 Chapter -II
Section 16: Right to laid-off workers
for compensation

Section 20: Retrenchment

Section 22: Discharge from Service

 Chapter -II
Section 23: Misconduct & Punishment
1. Notwithstanding anything regarding lay-off,
retrenchment, discharge and termination of service
as provided else where in this act, A worker may be
dismissed without prior notice or pay in lieu thereof
if he is-
a) Convicted for an offence
b) Is found guilty of misconduct under section 24
Section 23: Misconduct & Punishment

2. A worker instead of being dismissed for becoming guilty of

misconduct under sub section 1 may be under extenuating
circumstances, given any of the following punishments, such as:
a. Termination
b. Demotion to lower post, grade or pay scale for not more than
one year.
c. Holding up of promotion for 1 year
d. Fine
e. Suspension for not more than 1 week without wages or without
subsistence allowance
f. Censure & warning.
 Misconducts
23(4). The following act shall be treated as misconduct:

a) Willful insubordination or disobedience whether alone or in

combination with others to any reasonable or lawful order of the
supervisor.

b) Theft, embezzlement, fraud or dishonesty in connection with the

employers business or property.

c) Taking or giving bribes or any illegal gratification in connection

with his or any other workers employment under the employer
 Misconducts
d) Habitual absence without leave or absence without leave for more
than ten days.

e) Habitual late attendance.

f) Habitual breach of any law or rule or regulation applicable to any

establishment.

g) Riotous or disorderly behavior, fire or vandalism in the

establishment.
 Misconducts

h) Habitual negligence or neglect of work.

i) Habitual disobedience or violation to any of the rules

relating to conditions of service, of discipline framed by
the Chief Inspector.

j) Falsifying, tampering with, damaging or causing loss of

employers records.
 Compensation for Worker dismissed for Misconduct

23(3) A worker who is removed under sub-section 2 (a) if

the length of his continuous service is minimum 1 year,
shall be paid compensation at the rate of 15 days wages
for every completed year of service,

Provided that no compensation shall be payable, if the

worker is dismissed for misconduct under sub section (4)
(b) & (g). However such worker shall be entitled to get all
other dues as provided by the law.
If a Dismissed worker is acquitted in appeal 23(5)
If a dismissed worker under section 23(1) (a) is acquitted
in appeal, he is to be
re-employed in his previous post
or
any new suitable post
&
if nothing of above is possible,
He is to be compensated like a discharged worker
(with adjustment of compensation already made to the dismissed worker)
Section 24: Procedure for Punishment

No order of punishment can be given against a worker unless:

a. The allegation against him is brought in writing
b. He is given a copy thereof and not less than 7 days time to
explain
c. He is given an opportunity of being heard.
d. He is found to guilty, after enquiry made by the enquiry
committee consisting of equal representatives from owner and
worker; provided that such enquiry proceedings shall be
completed within 60 days
e. The employer or the manager approves the order of dismissal.
Chapter -II
Section 26: Termination of Employment
by the Employer

Section 28: Retirement of a worker

Section 33: Grievance Procedure