Question:
I interviewed with a company, and when asked about holidays, they told me directly that they do not offer Friday as a closed day and will not provide any of the government-mandated holidays in Bangladesh. My question is: is this against Bangladesh Labor Law, or are they not adhering to it? The company seems to be operating in a somewhat secretive manner. I would like the opinion of someone knowledgeable about labor laws in Bangladesh.
Answer:
In Bangladesh, the Labor Act, 2006 governs employee rights, including holidays, and outlines the minimum standards for working conditions. Regarding holidays, here are the key points relevant to your situation:
- Government-Mandated Holidays:
- Public Holidays: Under the Labor Act, employees are entitled to national holidays and certain religious holidays. These include New Year’s Day, International Workers’ Day (May Day), Independence Day, and others, as well as specific holidays based on religious observances such as Eid, Durga Puja, etc.
- Weekly Rest Day: According to the Labor Act, employees must also receive a weekly holiday. Typically, this is Friday for most companies in Bangladesh. However, some companies, especially in sectors like retail or hospitality, may observe Saturday or another day instead.
- Legal Obligations for Holidays:
- Section 116 of the Bangladesh Labor Act states that workers should be granted at least one day off per week. If the company does not provide the legally mandated weekly rest day (usually Friday for most workers), it may be in violation of the Labor Act.
- If the company refuses to grant the national public holidays or the weekly rest day, they could be in violation of the law, and you may have the right to take legal action or file a complaint with the Department of Labor.
- Flexibility in Observing Holidays:
- Companies in some sectors may not provide specific holidays (such as Friday) but offer compensation, often in the form of overtime pay or compensatory leave. However, even if this is the case, the company must clearly communicate this and offer the employees an equivalent benefit in return.
- Possible Legal Action:
- If the company is not following the legal provisions of the Bangladesh Labor Act, employees can file a complaint with the Labor Court or the Department of Labor. The court can take appropriate actions, including penalties for non-compliance with labor laws.
- Collective Bargaining: If employees are unionized, this issue can also be raised with the union, which can represent the workers in negotiations with the employer.