Due to the ongoing pandemic, the business activities of our company have been significantly reduced. Recently, the company authority informed us that they no longer need certain staff members (mainly in non-managerial departments) because they have nothing to do at the moment. Already, the mandate of some members has been terminated without any kind of notice and / or compensation. Some of their performances were very good and they are not at fault of any kind. Do you think the actions taken by our company authority are appropriate?

Ashik, Dhaka

For all the latest news, follow the Daily Star’s Google News channel.

Reply

Thank you for your request. The ongoing pandemic has certainly hurt the employment scenario in Bangladesh, as in most other countries around the world. Several people lost their jobs because employers were unable to run the business properly. Employers have limited options to protect their business, and the most obvious action for some of them is to reduce the number of employees. However, the question that arose was whether the correct procedures were followed when an employee was terminated from the organization due to a layoff.

In the context of Bangladesh, matters relating to the employment of non-managerial staff are governed by the provisions of the Bangladesh Labor Act, 2006 (hereinafter referred to as “BLA”) and the Bangladesh Labor Rules. , 2015 (hereinafter referred to as “BLR”). There are several methods of termination and one of them is known as “termination for cause of termination” which has been dealt with in Articles 20 to 21 of the BLA read together with Rule 27 of the BLR.

The BLA and BLR have established the conditions that an employer must meet when terminating an employee’s employment through dismissal. First, in the event that the employer chooses to terminate an employee on grounds of termination, the employer must provide him with one month’s written notice with the reasons for termination or payment of such notice period in cases where the employer wishes to fire him / her without notice. More importantly, this notice period will apply to workers who have completed at least one year of continuous service with the employer. The BLR has prescribed a specific format for the termination notice, which must be used to notify the employee of the termination. In addition, it is mandatory under the termination provision to send a copy of this termination notice to the Chief Labor Inspector of the Ministry of Labor as well as another copy to the collective bargaining agent ( ABC) of the establishment, if any.

This notice must be given to the Chief Inspector regardless of whether the employee has been terminated with or without one month’s notice.

In addition, the worker will receive thirty days of base pay for each year of service or a bonus, as the case may be, whichever is greater. In addition to the compensation payable in the event of dismissal of an employee, the employee is entitled to his wages owed, to the contingency fund (if applicable), to the payment of annual leave or to any other benefit arising from his contract. work and / or in accordance with the establishment’s service rules. It should be noted that the principle of “last come, first start” applies to dismissal (article 20 (4) of the LB).

It is relevant to mention that the above discussion is made for employees who fall under the definition of “worker” (non-managerial staff) under Article 2 (65) of the BA, as your question was mainly focused on them. For supervisory staff, the clauses of their employment contract must be respected. Hope the tips help you understand the appropriate legal process in the given context.


Source link

About The Author

Related Posts