LABOUR LAW: [WORKING HOURS AND LEAVE MATTER]

IN A NUTSHELL

WORKING HOURS AND LEAVE MATTER
Daily working hours U/S- 100	In any Day (adult worker) = 8 hours	Exception: 10 hours Vide U/S 108
Intervals for rest or meal  U/S- 101	v 6 hours = 1 hour interval v 5 hours = 30 minutes v 8 hours = 1 hour or 30+30
Weekly working hours U/S 102	Weekly (adult worker) = 48 hours.	Exception: Weekly      = 60 hours Yearly average = 56 hours per week Transport Service yearly total hours or overtime = 150 hours
Weekly holidays U/S 103	Shop, Commercial or industrial establishment = 1.5 day Factories and other establishment = 1 day Road transport                                     = 1 day (no deduction from his wages is allowed for such leave)
Compensatory Weekly holiday U/S 104	A worker is deprived of any of the weekly holidays he shall be allowed as soon as circumstances permit, compensatory holidays of equal number to the holidays so deprived of. (As per U/S 103)
Extra allowance for overtime U/S 108	v Basic wages, dearness allowance (will get double) v Piece rate basis: in consult with representatives of the workers.
Restriction on working hours of woman U/S 109	Between 10 p.m. and 6 a.m. (not be allowed)	Exception: With her consent shall be allowed.
Restriction on double employment U/S 110	Not be allowed	Exception: Be allowed after giving permission in writing from Chief Inspector
Notice of periods of work for adults and preparation thereof U/S 111	11. An employer may refuse to employ = if he turns up for work more than 30 minutes after the time fixed for the commencement of the day’s work.
Casual Leave U/S 115	A calendar Year: v 10 days with full wages. v Will not be accumulated and carried forward to the succeeding year.	Exception: Nothing shall apply to workers employed in tea plantation.
Sick Leave U/S 116	In a Year: v 14 days with full wages. v Shall not be accumulated and carried forwarded to the succeeding year. v Not be allowed unless a registered practitioner certifies on examination that the concerned worker is sick and needs leave for such period.	Exception: Newspaper worker Half wages for not less than one eighteenth of the period of service.
Annual Leave with wages U/S 117 Or Earn Leave	In a year: Who has completed a period of one year continuous service in the establishment. For Adult Worker: v Shop, commercial or industrial establishment or factory or transport establishment = 1 day = 18 days v Tea plantation = 1 day = 22 days v Newspaper worker= 1 day =11 days Not an adult: v Factory = 1 day = 15 days v Tea plantation = 1 day = 18 days v Shop, commercial or industrial establishment = 1day = 14 days   Festival Holidays U/S 118 11 days festival holidays with full wages on a year.   Exception: If he works on a festival holiday = 2 days additional compensatory holidays with full wages + a substitute holiday shall be provided. U/S 103.   Procedure for Leave U/S 10 1. Shall apply to the employer in writing, stating his leave address therein. 2. Employer or his authorized officer shall issue order within 7 days of its submission or 2 days prior to the commencement of leave applied for whichever is earlier. 3. Due to urgent reason leave order shall be given on the same day. 4. If the leave is granted, a leave pass shall be issued to the worker. 5. If the leave is refused or postponed the fact of such refusal and the reasons thereof shall be communicated to the worker and also be recorded in a register. 6. After proceeding on leave worker desires an extension he send a written application and employer also send written reply either granting or refusing extension of leave to his leave address. Payment of wages for un availed leave U/S 11 (To whom any annual leave is due ) 1. Retrenchment 2. Discharge 3. Dismissal 4. Termination 5. Retirement 6. By reason of his Resignation Festival Holidays U/S 118 11 days festival holidays with full wages on a year.   Exception: If he works on a festival holiday = 2 days additional compensatory holidays with full wages + a substitute holiday shall be provided. U/S 103.   Procedure for Leave U/S 10 1. Shall apply to the employer in writing, stating his leave address therein. 2. Employer or his authorized officer shall issue order within 7 days of its submission or 2 days prior to the commencement of leave applied for whichever is earlier. 3. Due to urgent reason leave order shall be given on the same day. 4. If the leave is granted, a leave pass shall be issued to the worker. 5. If the leave is refused or postponed the fact of such refusal and the reasons thereof shall be communicated to the worker and also be recorded in a register. 6. After proceeding on leave worker desires an extension he send a written application and employer also send written reply either granting or refusing extension of leave to his leave address. Payment of wages for un availed leave U/S 11 (To whom any annual leave is due ) 1. Retrenchment 2. Discharge 3. Dismissal 4. Termination 5. Retirement 6. By reason of his Resignation Festival Holidays U/S 118 11 days festival holidays with full wages on a year.   Exception: If he works on a festival holiday = 2 days additional compensatory holidays with full wages + a substitute holiday shall be provided. U/S 103.   Procedure for Leave U/S 10 1. Shall apply to the employer in writing, stating his leave address therein. 2. Employer or his authorized officer shall issue order within 7 days of its submission or 2 days prior to the commencement of leave applied for whichever is earlier. 3. Due to urgent reason leave order shall be given on the same day. 4. If the leave is granted, a leave pass shall be issued to the worker. 5. If the leave is refused or postponed the fact of such refusal and the reasons thereof shall be communicated to the worker and also be recorded in a register. 6. After proceeding on leave worker desires an extension he send a written application and employer also send written reply either granting or refusing extension of leave to his leave address. Payment of wages for un availed leave U/S 11 (To whom any annual leave is due ) 1. Retrenchment 2. Discharge 3. Dismissal 4. Termination 5. Retirement 6. By reason of his Resignation Thanks, Md. Mahmudul Hasan Raziv Advocate LL.B. and LL.M. University of Dhaka. CELL: 01815000061.