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For the leave or holidays under this Act, a worker/employee shall get at the rate equal to the daily average of his full-time wages/salaries. Wages’ means any remuneration expressed in terms of money or capable of being so expressed that, if the terms of employment, expressed or implied, were met, would be payable to a worker in respect of his or her employment or work performed in that job, and includes any other additional remuneration of the aforementioned nature that would be so payable The wage will include dearness allowances, and ad-hoc or interim payments, if any, for the days on which he worked during the month immediately preceding the leave. But it will exclude any overtime allowance and bonus.
The topic of’ Leaves and Holidays’ in labor law is relevant and also fundamental. Every employee usually with a holiday is entitled to the following leaves:
- Weekly holy day
- Personal leave
- Sick leave
- Festival leave
- Annual leave and
- Maternity leave with full pay as per the Maternity Benefit Act of 1939 (now abrogated).
Annual Leave with Wages in Bangladesh:
Bangladesh Labor Act 2006 section 117 deals with annual leave. A worker who completes one (01) year of continuous service at an institution is usually allowed to leave with Wages for a number of days measured at a certain rate during the corresponding span of 12 months. The rate for adults usually is:
(a) in case of a shop or commercial or industrial establishment or factory or road transport service, for every eighteen days of work ;
(b) In the case of tea plantation, for every twenty-two (22) days of work;
(c) In the case of a newspaper worker, for every eleven days of work performed by him during the previous period of twelve months.
Payment Of Wages For Unveiled Leave
A worker having due annual leave is dispensed with whether as a result of retrenchment, discharge, removal, dismissal, termination, retirement, or by reason of his resignation, the employer shall pay his wages in lieu of the unveiled leave. The rate of the wage will be the same as any worker is entitled to during the period of his leave in accordance with the Labor Act 2006.
Procedure for Leave
A worker who desires to obtain leave of absence shall apply to the employer in writing stating his leave address therein. The employer shall issue orders on the application within seven days of the application or two days prior to the commencement of leave applied for, whichever is earlier. However, if due to urgent reasons the leave applied for is to commence on the date of application or within three days then the order shall be given on the same day.
Every woman will have the right to get paid for maternity benefits. The benefit period will be 8 (eight) weeks preceding the expected day of her delivery and 8 (eight) weeks immediately following the day of her delivery. Women won’t be entitled / eligible to get maternity benefit unless she has worked under the employer, for a period of not less than 6 (six) months immediately preceding the day of her delivery. In addition, no maternity benefit shall be payable to any woman if at the time of her confinement she has two or more surviving children. However, in that case, she has the right to claim other available leaves.