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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 entitle 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 apply for is to commence on the date of application or within three days then the order shall be give on the same day.
Every woman will have the right to get pay 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.
Understanding Wage Garnishments
Wage garnishment is a legal process in which a portion of an employee’s wages are withhold by their employer to pay off a debt owe to a creditor.
The amount that can be garnish depends on the type of debt owe, and typically ranges from 15% to 25% of the employee’s disposable income.
Common types of debt that may result in wage garnishment include unpaid taxes, child support, student loans, and court-ordered judgments.
Employees who are subject to wage garnishment should be notified by their employer, and have the right to challenge the garnishment order in court. In some cases, employees may be able to negotiate a payment plan or settlement with the creditor to avoid wage garnishment.
Wage garnishment can have a significant impact on an employee’s financial stability and quality of life. It’s important for employers to follow the proper legal procedures and for employees to understand their rights and options when faced with wage garnishment.
Navigating Wage and Hour Laws
Navigating wage and hour laws can be complex, but it is crucial for both employers and employees to understand and comply with these regulations to avoid legal and financial penalties. Wage and hour laws govern issues such as minimum wage, overtime pay, and other compensation-related matters.
Employers and employees should begin by understanding the laws that apply to their specific situation. Wage and hour laws can vary by country, state, and industry.
It’s also important for employers to classify employees correctly based on their job duties, and to provide appropriate compensation and benefits.
Maintaining accurate records is another important aspect of navigating wage and hour laws. Employers should keep track of employee hours worked, compensation, and other relevant information to ensure compliance with regulations.
Clear communication between employers and employees is also important. Employers should communicate their policies and expectations regarding wages and hours clearly to employees, and provide resources for employees to ask questions or raise concerns.
Finally, seeking advice from legal professionals or government resources can be helpful in navigating wage and hour laws.
Calculating Payroll Taxes in BD
In Bangladesh, the calculation of payroll taxes is govern by the Income Tax Ordinance 1984 and the Finance Act. The following are the basic steps involve in calculating payroll taxes in Bangladesh:
Determine Gross Pay: This is the total amount earn by the employee during the pay period, including any regular wages, overtime pay, bonuses, or other compensation.
Calculate Taxable Income: In Bangladesh, taxable income is calculate by subtracting the standard deduction and other allowable deductions from the employee’s gross pay.
Determine Tax Liability: Once the taxable income is determine, the tax liability can be calculate base on the applicable tax rates, which vary base on income level.
Calculate Additional Taxes: In addition to income tax, employers in Bangladesh are also require to withhold other taxes, such as the social security tax and the health insurance tax.
Determine Net Pay: After all taxes and deductions have been subtract from the employee’s gross pay, the resulting amount is the employee’s net pay.