Real Estate Law in Bangladesh | Law of Construction Matters | A complete overview of Real Estate in Bangladesh

Real Estate Law in Bangladesh | Law of Construction Matters | A complete overview of Real Estate in Bangladesh

Real Estate & Construction Law in Bangladesh – Rules & Regulations & Everything you need to know

Tahmidur Rahman, Senior Associate, Counsels Law Partners

20 Oct 2019

This post in will explain in details the Real Estate & Construction Law in Bangladesh | Law of Construction Matters | A complete overview of Real Estate in Bangladesh | Everything about property law that you need to know and be aware of with diagrams and infographics.

 

Real Estate Law in Bangladesh 

At first let’s break down what is real estate Bangladesh before diving down towards Real Estate & Construction Law in Bangladesh . It is important to understand that Real Estate is not the same thing as personal property, and should not be confused. Personal assets include intangible assets such as investments, as well as tangible assets such as furniture and fixtures such as a dishwasher. Even renters may also claim parts of a home as personal property, provided that you have purchased and installed the property with the permission of the lessor.

What is Real Estate? 

Real estate is a property composed of land and its houses, as well as the land’s natural resources, including uncultivated flora and fauna, farmed crops and livestock, soil, and any other mineral deposits. 

 

Real Estate in Bangladesh  

Real estate is both a tangible asset and an immovable form. Definitions of real property include ground, houses and other facilities, as well as the rights to use and enjoy the land and all its amenities. Renters and leaseholders may be entitled to possess land or structures that are considered part of their house, but these rights are not, strictly speaking, considered ownership. Hence:

 

  • Real estate is real, that is, physical, land-based property and everything on it, including houses, flora and fauna and natural resources.
  • Immovable properties have three basic categories: residential, commercial and industrial.
  • Residential real estate is less costly and more viable for individuals when it comes to finance, whereas commercial real estate is more profitable and secure.
  • As an investment, real estate offers income and capital appreciation.

Jurisdiction of Real Estate Law in Bangladesh

Real Estate Development and Management Act 2010 is the authoritative act in regards to Real Estate Law in Bangladesh. In the act Section 2 explains the registration process of Real Estate Developers and their due responsibilities. (Real Estate & Construction Law in Bangladesh )

 

Registration Requirements for Real Estate Developers in Bangladesh 

If someone wants to enter the real estate market in Bangladesh for commercial purposes, the act specifies that he or she will have to submit the following documentation for registration with the agency concerned.

  • Trade License
  • Tax Identification Number (TIN)
  • VAT Registration Number
  • Credentials of experts in your company
  • Memorandum of Association, Article of Association and Certificate of Incorporation
  • REHAB Membership Registration Copy

Buying, Selling, Transferring of Real Estate in Bangladesh

Real Estate Development and Management Act 2010 is the authoritative act in regards to Buying, Selling, Transferring of Real Estate in Bangladesh Real Estate Law in Bangladesh. In the act Section 3 explains the registration of buying, selling and transferring process of Real Estate Developers and their due responsibilities. The buyer or seller can not adjust the quoted price as set out in the deal. The sum can, however, be changed later if the parties agree to jointly use better materials for the land. First, in no longer than three months, the owner will sign over the land, registry and principal deed. Additionally, if the property has any difference with respect to size or volume after sale, the price must be changed within three months of the transfer. So keep these things in mind when you buy a property next time in Bangladesh.

 All Landowners and Developers / Purchasers will not initiate or carry out construction work on the land project’s construction or development work without receiving design permission from the government’s appropriate authority such as RAJUK, CDA, KDA, RDA, etc.

“Counsels Law Partners is Considered as one of the leading firms in Property Law and Real Estate Law Firm in Dhaka, Bangladesh”

Carpe Noctem Bangladesh

The Property Contract in Real Estate Law of Bangladesh 

For a general landlord in Bangladeh, there has to be a legal property contract for any trade. Again it’s a common thing, too. As a homeowner, he or she will obtain for his / her possession a specific portion of the apartment building. But, if the owner wants to auction off his share’s apartments, he will have to enforce an attorney’s power and give the developer the right to sell his share of the house. Instead, as a proprietor of his new apartment, he is allowed by the owner to receive one year of maintenance facility. Additionally, if any errors arise within two years of the handover, the contractor must repair the damage from their wallet.

 

Real Estate Law For Developers in Bangladesh 

Real Estate Developers have to be committed towards the enhancement and growth of the Real Estate Sector of Bangladesh. If they recognize that for sustainable long term growth of this sector, they must conduct their business with a great proficiency, equality, honesty and ethics. Out of the all the parties in the market, a real estate developer has to deal with clause VI. B of the Memorandum and Articles of Association of the Real Estate Housing Association of Bangladesh incorporated under the companies ACT, 1913 (new 1994) the most. Rules and regulations are much rigorous for the real estate developers. For example, if you want to enter the market for commercial purpose, you will have to produce the following documents as stated above to the concerned authority for registration.

How ‘Tahmidur Rahman & Counsels Law Partners Associates’ helps the purchaser of any land in Bangladesh:

Tahmidur Rahman- Counsels Law Partners, Law Firm in Dhaka assists buyers, financiers, shareholders, developers on their land-related matters like property due diligence (domain identification, encumbrance check, ground limit, permissive land usage, building development) related to ownership and occupancy, lease, stamping and registration of papers, zoning and permissible use of lands, essential ambitions.

 Legal Services Offered by Firms in Regards to Real Estate in Bangladesh

 

 

Drafting, look over & negotiating various property documents.

Legal opinion by vetting all property related documents.

Transaction support for all types of real estate schemes including due diligence and title search.

Arbitration and Litigation relating to property related disputes.

Assist and Advice on issues relating to stamp duty and registration.

Advice on matters relating to land tenures including agricultural land issues

Foreign Direct Investment in real estate.

Drafting and reviewing contract

Negotiating and litigating landlord/tenant disputes by serving Legal Notice.

 

Our real estate lawyers department has extensive experience in Bangladesh on different types of real estate ventures. Our main specialist areas cover acquisitions and divestments, selling, investments and other real estate and real estate transfers; legal aspects of residential property and landlord issues; landlords’, renters’ and homeowners ‘ privileges; real estate title; resolution of property rights claims; cost-sharing arrangements with investors and shareholders, growth and expansion financing etc.

Team Tahmidur Rahman | Counsels Law Partners additionally draws on the experience of the Business Law Practice in its practice of Real Estate & Construction Law in Bangladesh . We give guidance on organizing land co-speculation or joint venture project, raising capital, setting up a suitable business vehicle and verified loaning. CLP team assure their client rapidly assemble a multi-disciplinary group of experienced business real estate specialists to address a diverse range of real property needs.

 

 

“For a general landlord in Bangladeh, there has to be a legal property contract for any trade. Again it’s a common thing, too. As a homeowner, he or she will obtain for his / her possession a specific portion of the apartment building. But, if the owner wants to auction off his share’s apartments, he will have to enforce an attorney’s power and give the developer the right to sell his share of the house.”

 

Want new articles before they get published?
Subscribe to our Awesome Newsletter.

Land Survey Tribunal in Bangladesh | Jurisdiction, Powers, Scope, Appeals| A Complete Overview

Land Survey Tribunal in Bangladesh | Jurisdiction, Powers, Scope, Appeals| A Complete OverviewTahmidur Rahman, Senior Assoicate, Counsels Law Partners6 Aug 2019This article provides an overview of the authority and jurisdiction of the Land Survey Tribunal in...

Maritime Laws of Bangladesh | Admiralty & Ship Arrest

Maritime Laws of Bangladesh | Admiralty & Ship Arrest | A complete overview of Admiralty Law in BangladeshTahmidur Rahman, Senior Associate, Counsels Law Partners 12 Aug 2019This post in details will explain Maritime Laws of Bangladesh | Admiralty & Ship...

Real Estate Law in Bangladesh | Law of Construction Matters | A complete overview of Real Estate in Bangladesh

Real Estate & Construction Law in Bangladesh - Rules & Regulations & Everything you need to knowTahmidur Rahman, Senior Associate, Counsels Law Partners 20 Oct 2019 This post in will explain in details the Real Estate & Construction Law in Bangladesh |...

Employee Rights in Bangladesh and Employer Rights| Labour & Workers Law in Bangladesh| A complete Overview

Employee Rights & Labour Law in Bangladesh - All you need to know about Employment Law Tahmidur Rahman, Senior Associate, Counsels Law Partners2 Oct 2019This post in will explain in details the Employee Rights & Labour Law in Bangladesh| Labour & Workers...

Registration Process of Gift of Immovable Property – Heba Registration, Will Registration, Land Registration – A complete Overview

Heba Will Gift Document Registration in Bangladesh | Complete Overview of Document Registration Process in Bangladesh.Tahmidur Rahman, Senior Associate, Counsels Law Partners 25 November 2019 Document Registration in Bangladesh: Registration means the correct...

Contract Agreement| Breach of Contract | A complete overview of Contract Law in Bangladesh

Contract Agreement & Breach of Contract in Bangladesh| A complete overview of Contract Agreement in BangladeshTahmidur Rahman, Senior Associate, Counsels Law Partners 12 Nov 2019This post in details will explain Contract Agreement & Breach of Contract in...

Cyber Law of Bangladesh | Internet Law, Web, ICT Act Rules, Regulations & Punishment and Rights in Bangladesh

Online Law / Internet Law in Bangladesh | ICT Act Rules, Regulations & Rights | A Complete OverviewTahmidur Rahman, Senior Associate, Counsels Law Partners 20 Oct 2019This post in will explain in details the Online Law / Internet Law in Bangladesh | ICT Rules,...

How to find the legitimacy or Ownership of a Land, Flat or Property | Confirmation of Ownership| A complete Overview of Property Verification

How to find the Ownership of a Land | Check the Legitimacy of Property you buy in BDTahmidur Rahman, Associate, Counsels Law Partners LLB. Bsc CSE10 January, 2020What it's important to verify the ownership of any property in Bangladesh? How to find the Ownership of a...

Women Rights against Sexual Violence in Bangladesh | Sexual Harassment Law Bangladesh | Rape, Dowry Punishment and Regulations

Women Rights against Sexual Violence in Bangladesh | নারী নির্যাতন অপরাধসমূহ আইনTahmidur Rahman, Senior Associate 28 Oct 2019Women Rights against Sexual Violence in Bangladesh: Are you being sexually abused and would like to know about your rights in Bangladesh and...

What to do When cheque dishonour or bounce in Bangladeshi Law?

Cheque Dishonour or Bounce in Bangladesh - Law, Solution, Retrieve, Remedies, Punishment - A complete OverviewTahmidur Rahman, Senior Associate  5 Aug 2019What to do When Cheque Dishonour or Bounce in Bangladesh? How can you take legal actions to retrieve your money?...

Employee Rights in Bangladesh and Employer Rights| Labour & Workers Law in Bangladesh| A complete Overview

Employee Rights in Bangladesh and Employer Rights| Labour & Workers Law in Bangladesh| A complete Overview

Employee Rights & Labour Law in Bangladesh – All you need to know about Employment Law 

Tahmidur Rahman, Senior Associate, Counsels Law Partners

2 Oct 2019

This post in will explain in details the Employee Rights & Labour Law in Bangladesh| Labour & Workers Law in Bangladesh| Everything about Employment law that you need to know and be aware of.

Labour/Workers in Bangladesh 

With a population of 168.1 million people, Bangladesh has a huge and cheap workforce of about 90 million, consisting of 60 million agricultural jobs (growing at one percent per year) and 30 million non-agricultural jobs (growing at six percent per annum). Industrial jobs fall mostly within non-agricultural work. All employers are required to follow federal labor laws that prescribe conditions of employment, working hours, salary levels, leave policies, health and health conditions, and insurance for injured workers. Bangladesh constitution guarantees freedom of association and the right to join unions in it’s jurisdiction of Employee Rights & Labour Law in Bangladesh.  

 

Bangladesh’s employment law is regulated by the 2006 Labor Act (“Act”) and the 2015 Labor Rules (“Rules”). The Act and Rules apply to employees (laborers) working in commercial and industrial enterprises. The laws and regulations prescribe working hours, weekly vacations, annual leave, medical leave. It also uses the company’s profits for gratuity benefits, provident funds and participation. 

 

 

Types of Workers in Bangladesh 

 

Workers employed in any institution are graded according to the type and condition of their work in any of the following classes: (a) Apprentice, (b) Substitute / Badli, (c) Casual, (d) Temporary, (e) Probationer, (f) Permanent and (g) Seasonal.

 

  1. Apprentice: As a trainee + Paid allowance only
  2. Substitute/ Badli: In the post of a permanent Worker or of a probation worker
  3. Casual: Casual in nature
  4. Temporary: Temporary in nature + finished within a limited period
  5. Probationer: In a permanent post + the period of his probation
  6. Permanent: He has completed the period of his probation
  7. Seasonal: Any work season and remain in employment up to the end of the season 

Conditions of Employment   

 

It is given in the 2006 Bangladesh Labor Act that any establishment may have its own service rule, but the service rule must include all the regulations specified in the Act.
The service rule will then have to be presented to the Chief Inspector. He must accept it if no change is made within 90 days of receipt.
If he does not agree, however, the aggrieved person can pursue an appeal within 30 days to the Court. The Government will then dispose of such an appeal within 45 days and the Government’s order will be final.  

 RECRUITMENT in Bangladesh (Employee Rights & Labour Law in Bangladesh): 

 No employer shall hire any worker without giving a letter of appointment to such worker and a photo identity card shall be given to each such employed worker.

 

“Counsels Law Parnters is Considered as one of the leading firms in Labour Law in Dhaka, Bangladesh”

Carpe Noctem Bangladesh

Working Hours in Bangladesh Labour Law 

 

Some labor law regimes require legislative working time limits. Originally, it was intended to enforce hour limits to ensure a safe and healthy working environment and sufficient rest or leisure time between shifts. However, over the past century, hour limits have become increasingly seen as a way to advance the additional policy objectives of allowing workers to balance their paid work with their family responsibilities and other aspects of their lives, promoting productivity and reducing unemployment. In our country, the 2006 Labor Act lists the daily and weekly basis of working hours, with the overtime hours and their payment.

 

Under the provisions of Employee Rights & Labour Law in Bangladesh, it is brought up the working hours of a worker, such as:

 

  1. Daily Working Hour: Up to 8 hours per day.
  2. Interval for Rest or Meal:

 

Shift exceeding 6 hours: 1-hour break

 

Shift of 5 hours: 30 minutes

 

Shift of 8 hours: i) Two 30 minutes break, or ii) One 1-hour break

 

  • Weekly Working Hour: Up to 48 hours per week.
  • Overtime: Up to 10 hours per day and 60 hours per week.

 

On average 56 hours per week.

 

For road transport workers, 150 hours of overtime per year.

 

  • Night Shift: A holiday for a whole day which means 24 hours break between each night shift has to be given.
  • Limitation for Women Workers: No shift from 10.00pm to 06.00am without the woman worker’s consent.
  • Restriction on Double Employment: Double employment is not allowed for any worker.

 

Daily Limit in regards to International Standards Labour Law

 

Daily working hour limits are a feature of Conventions Nos. 1 and 30, both of which provide for an 8-hour limit on normal hours. Convention No. 47 and Recommendation No. 116 do not provide for daily limits, the 40-hour week being considered an adequate guarantee of a working day of 8 hours or less[1]. Under the international standards, daily hours can be averaged within the 48-hour week, allowing the 8-hour limit to be extended to 9 hours in industry (Convention No. 1)19 and 10 hours in commerce (Convention No. 30).

 

The Labour Act, 2006: as per section 100, 8-hour day is the daily work limit but it may not exceed 10-hour day subject to the satisfaction of section 108.

 

• Wages in Bangladesh:

 

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 but not included-

 

o The value of any house accommodation, supply of light, water, medical attendance or other amenity or of any service excluded by general or special order of the government,

 

o  Any contribution paid by the employer to any pension fund, provident fund,

 

o Any traveling allowance on the value of any traveling concession,

 

o Any sum paid to the worker to defray special expenses entitled on him by the nature of his employment;

 

Every worker’s wages shall be paid before the expiry of the seventh day after the last day of the payable wage period.
Where any worker’s employment is terminated by retirement or by the employer, whether by retrenchment, discharge, removal, dismissal or otherwise, the wages payable to him shall be paid before the expiry of the seventh working day from the day on which his employment is so terminated according to Employee Rights & Labour Law in Bangladesh.
All salary payments shall be made on a working day.

 

How ‘Tahmidur Rahman & Counsels Law Partners Associates’ helps the Employee/Employer according to Labour Law Provisions of Bangladesh

 

At Counsels Law Partners in Gulshan, Dhaka, Bangladesh, the barristers, lawyers and lawyers are highly experienced in dealing with labor disputes. It also has experience in consulting and assisting numerous international clients, in addition to handling various issues related to employment service among domestic clients on a regular basis.

For queries or legal assistance, please reach us at:

E-mail: [email protected]
Phone: +8801727983838
Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.

 

 

Leave and Holidays in Bangladesh Labour Law

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). 

Casual Leave in Bangladesh:

 

Casual leave eligibility is created by circumstances such as sudden illness, minor accidents, urgent purposes. It should be obtained on prior application, unless the urgency prevents such application from being made. Section 115 of the Labor Act, 2006, allows for casual leave. It is given for ten days in a year with maximum wages and will not be carried forward into the next year.

Sick Leave in Bangladesh:

With lieu of a medical certificate sick leave is usually used. Under Section 116 of the Labor Act, 2006 No such leave shall be allowed unless a registered medical practitioner appointed by the employer or, unless such medical practitioner is appointed by the employer, after review, any other registered medical practitioner certifies that the worker is ill and needs sick leave for cure or care for such time as may be specified by the employer. These leave shall not accumulate and be carried forward into the next year. Over fourteen days in a calendar year, any worker other than a newspaper worker shall be entitled to sick leave with full wages.

The Factories Act, 1965 Sub-Section (2) of Sections 80 Provides as follows:
Every worker shall be entitled to fourteen days ‘ sick leave on half-average wages in a year.

Again, Section 16 of the Shops and Establishments Act, 1965 says that Every worker shall be entitled to sick leave With full wages for a total period of fourteen days in a year; if such leave not availed of by any worker during a calendar year may be carried forward, but the total accumulation of such leave shall not exceed twenty-eight days at any one time.

 Annual Leave with wages in Bangladesh:

Labor Act 2006 section 117 deals with annual leave. A worker who completes one 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 twelve 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 days of work;

(c) In case of a newspaper worker, for every eleven days of work performed by him during the previous period of twelve months.

Termination process of employees in Bangladesh

 

Employment termination process can be performed by either the employer or the worker. The employer and the worker each have separate job termination process procedures under the Labor Act 2006.

Termination by dismissal in Bangladesh

 

If either an employee is found to be: Convicted of any offence; or
Guilty of such crimes as stealing, bribe giving and taking, fraud, deliberate disobedience etc.

Employer can terminate the employee in lieu of a notice without warning or without pay. The boss, however, always has the option of offering less penalty instead of dismissal for more behaviour.

What is the procedure of penalising an employee  in Bangladesh?

 

The employer can not fire or discipline an employee for his misconduct unless:
♢ The charges brought against him are reported in writing;
♢ A copy of the accusation shall be given, and a duration of at least seven days to explain;
♢ He is given a chance to be heard;
A committee shall then be created for the investigation in this regards. The commission will complete its inquiry within 60 (sixty) days. The order of dismissal will be accepted, after having sufficient evidence. If, upon investigation, the allegation against the worker is not proven, he shall be considered to have been in service during the time of suspension and his wages shall be charged for that time with the modification of the subsistence allowance already charged.

Termination by Retrenchment in Bangladesh

 

An employer could be retrenching an en employee on retirement grounds from the operation of any institution. If any worker has been in continuous service under an employer for at least 1 (one) year, in the case of such worker being retrenched, the employer shall:

◙ Offer him 1 (one) month’s notice in writing specifying the reasons for his withdrawal, or pay him salaries for the duration of notice in lieu of such notice;
◙ Give a copy of that notice, if any, to the Chief Inspector or any other officer specified by him, and another copy to the establishment’s collective bargaining agent;
◙ Pay him as reimbursement 30 (thirty) days’ salaries in excess of his annual service or gratuity, if any, whichever is greater.

Lay-off termination in Bangladesh Labour Law


An employer that, at any moment, in the event of a fire, a sudden disaster, an epidemic (like the Coronavirus pandemic/Covid 19 pandemic) a breakdown of machinery, a power shutdown, epidemics, wide-spread riots or any other cause outside his control, stop any section or section of his establishment, wholly or in part, for such duration as the cause of such shutdown remains. In such a case where the duration of work stoppage reaches 3 (three) working days, the workers concerned shall be laid off. 

What if, the lay off period is more than 45 days  in Bangladesh?

It should be remembered that during any calendar year, no worker shall be entitled to pay compensation in the event of a laid-off for more than 45 (forty-five) days.
However, if, within a calendar year, any worker is laid-off for more than 45 (forty-five) days, whether continuously or intermittently and after the expiry of those 45 (forty-five) days, the lay-off period shall be extended for an additional 15 (fifteen) days or more, the worker shall be paid for each subsequent lay-off period for 15 (fifteen) days or more. The pay sum for an extension of 15days shall be equal to one-fourth of the total basic wages and dearness allowance and ad hoc or temporary wages.

What are my rights to compensation as a laid-off employee/worker?

Whenever a worker, other than a replacement or casual worker, whose name is on an establishment’s muster-rolls and who has completed at least 1 (one) year of service under the employer is laid off, the employer shall pay compensation to him for all the days on which he is so laid off, except for weekly holidays.

 

What would be the amount of compensation for laid off workers?

The amount of compensation for a worker other than a replacement or temporary worker shall be equivalent to half of the overall regular wages and dearness allowance and, if any, ad-hoc or transitional wages, and equivalent to the maximum amount of housing allowance that would have been payable to him had he not been so laid-off. Nevertheless, if a substitute worker whose name is on an institution’s muster-rolls has completed one year of continuous service at the institution, he would not in this case be considered as a substitute worker.

Termination by Discharge in Bangladeshi Labour Law

For reasons of physical or mental incapacity or continuing ill health, a worker may be discharged from service, approved by a licensed medical practitioner.
If a worker who is discharged completes at least one year of continuous service, the employer shall pay, as compensation, 30 (thirty) days’ wages for each year of service, or gratuity, if payable, whichever is greater.

Termination by Notice in Bangladesh

An job can also be terminated by providing a notice to the employer. The time frame for the warning, however, defers depending on whether the employee is permanent or temporary.

Termination by notice for Permanent Workers:

The written notice must be given on:
120 (one hundred and twenty) days, if he is a respected worker every month;
In the case of other workers 60 (sixty) days.
Upon paying the fee an job of a permanent worker can be terminated by notice. The employer’s rate of compensation shall be at the rate of 30 (thirty) days’ wages for each completed year of service or gratuity, where payable, whichever is higher. The salary shall be in addition to any other benefit payable to such employee.

Termination by notice for Temporary Workers:

The written notice must be given on:

30 (Thirty) days, if he is a skilled worker per month;
14 (14) days, in the case of other jobs.

At the other hand, it is possible to fire an employee without warning by paying the salary of the worker for the notice period instead of the notice as specified for permanent and temporary employee.

Termination of employment by the workers or employee themselves in the  Labour Law of Bangladesh

Employees may terminate their employment by notifying employers. The time period for the warning varies, however, depending on whether the employee is a permanent or temporary employee.

Permanent Employees terminating their employment:

A permanent worker can terminate his service by giving written notice of 60 (sixty) days to the employer. Where a permanent worker withdraws his job by presenting the warning, compensation to the employer shall be paid.
Temporary Employees terminating their employment:

A temporary worker can terminate his job by notifying the employer in writing of:
30 (Thirty) days, if he is a skilled worker per month;
14 (14) days, in the case of other jobs.

Employee resigning without notice in Bangladesh:

A worker may resign without notice from his / her job. The worker can only do so by paying the employer for the notice period an sum equal to the salaries.

Employee absent from work without notice in Bangladesh:

If a worker remains absent without warning or consent for more than 10 (ten) days, the employer shall enquire about the absence from him through a notice. The notice should ask to justify why he is missing, and to resume the service within 10 ( ten) days. The employer shall send him another 7 ( seven) days in which to defend himself if he fails to provide any written statement or enter the service within the prescribed time. If the worker does not resume the service or protect himself then he shall be considered to have been released from service on and from the date of such absence.

 

 

Maternity Benefit/Maternity Leave in Bangladesh

 

In the last few years there has been a significant increase over women’s participation in Bangladesh’s workforce. Women workers currently account for one-fourth, that is, 12.1 million, of Bangladesh’s total workforce of 49.5 million. Important legal changes have also been implemented through the introduction of the Labor Act, 2006, which eliminates some ambiguities in the existing, diverse labor laws and amends occupational safety issues such as maternity benefits, health and hygiene, injury compensation, etc. 

The Labor Act, 2006 repeals three previous Maternity Benefit Acts-The Maternity Benefit Act, 1939, The Mines Maternity Benefit Act, 1941 and The Maternity Benefit (Tea Estate) Act, 1950 and combines almost all of the provisions of these Acts in Chapter IV. Section 2(xxxiv) of the Act describes maternity benefit as the sum of money payable to a woman under Chapter IV;
Section 45(1) of the Act prohibits an employer from employing a woman for the eight weeks immediately after the day of delivery. Section 45(2) prohibits a woman employee from working in any establishment for the eight weeks immediately after the day of delivery.

Section 45(2) forbids a woman employee from serving in any institution for the eight weeks immediately following the day on which she was born. Section 45(3) prohibits the use of any woman for some arduous work if she is likely to be delivered from a child within 10 weeks or if she has been delivered from a child within 10 weeks.
In Section 46 of the Labor Act provisions have been made for maternity leave of 16 weeks (8 weeks before and 8 weeks after the delivery).It has also made the provision that this benefit shall only be available to workers who have served under the owner for a minimum period of6-months prior to the notice of the probability of the delivery.

 

Implementation of Maternity Benefit/Maternity Leave in Bangladesh

 

 

The main purpose of having 16 weeks maternity leave was to combat hunger and to ensure that the new generation grows to be physically and mentally much healthier[20]. It was also expected to help increase the productivity and motivation of working women. Nevertheless, the reality is that many women working in the private sector are unaware of their maternity-related rights, especially those in the garment industry and in low-paid labor-intensive jobs. In fact, most non-governmental organizations and ready-made textile companies don’t even give their female employees four months of leave.

 

For queries or legal assistance in regards to Bangladesh Labour Law, please reach us at:

E-mail: [email protected]
Phone: +8801727983838

 

Want new articles before they get published?
Subscribe to our Awesome Newsletter.

Land Survey Tribunal in Bangladesh | Jurisdiction, Powers, Scope, Appeals| A Complete Overview

Land Survey Tribunal in Bangladesh | Jurisdiction, Powers, Scope, Appeals| A Complete OverviewTahmidur Rahman, Senior Assoicate, Counsels Law Partners6 Aug 2019This article provides an overview of the authority and jurisdiction of the Land Survey Tribunal in...

Maritime Laws of Bangladesh | Admiralty & Ship Arrest

Maritime Laws of Bangladesh | Admiralty & Ship Arrest | A complete overview of Admiralty Law in BangladeshTahmidur Rahman, Senior Associate, Counsels Law Partners 12 Aug 2019This post in details will explain Maritime Laws of Bangladesh | Admiralty & Ship...

Real Estate Law in Bangladesh | Law of Construction Matters | A complete overview of Real Estate in Bangladesh

Real Estate & Construction Law in Bangladesh - Rules & Regulations & Everything you need to knowTahmidur Rahman, Senior Associate, Counsels Law Partners 20 Oct 2019 This post in will explain in details the Real Estate & Construction Law in Bangladesh |...

Employee Rights in Bangladesh and Employer Rights| Labour & Workers Law in Bangladesh| A complete Overview

Employee Rights & Labour Law in Bangladesh - All you need to know about Employment Law Tahmidur Rahman, Senior Associate, Counsels Law Partners2 Oct 2019This post in will explain in details the Employee Rights & Labour Law in Bangladesh| Labour & Workers...

Registration Process of Gift of Immovable Property – Heba Registration, Will Registration, Land Registration – A complete Overview

Heba Will Gift Document Registration in Bangladesh | Complete Overview of Document Registration Process in Bangladesh.Tahmidur Rahman, Senior Associate, Counsels Law Partners 25 November 2019 Document Registration in Bangladesh: Registration means the correct...

Contract Agreement| Breach of Contract | A complete overview of Contract Law in Bangladesh

Contract Agreement & Breach of Contract in Bangladesh| A complete overview of Contract Agreement in BangladeshTahmidur Rahman, Senior Associate, Counsels Law Partners 12 Nov 2019This post in details will explain Contract Agreement & Breach of Contract in...

Cyber Law of Bangladesh | Internet Law, Web, ICT Act Rules, Regulations & Punishment and Rights in Bangladesh

Online Law / Internet Law in Bangladesh | ICT Act Rules, Regulations & Rights | A Complete OverviewTahmidur Rahman, Senior Associate, Counsels Law Partners 20 Oct 2019This post in will explain in details the Online Law / Internet Law in Bangladesh | ICT Rules,...

How to find the legitimacy or Ownership of a Land, Flat or Property | Confirmation of Ownership| A complete Overview of Property Verification

How to find the Ownership of a Land | Check the Legitimacy of Property you buy in BDTahmidur Rahman, Associate, Counsels Law Partners LLB. Bsc CSE10 January, 2020What it's important to verify the ownership of any property in Bangladesh? How to find the Ownership of a...

Women Rights against Sexual Violence in Bangladesh | Sexual Harassment Law Bangladesh | Rape, Dowry Punishment and Regulations

Women Rights against Sexual Violence in Bangladesh | নারী নির্যাতন অপরাধসমূহ আইনTahmidur Rahman, Senior Associate 28 Oct 2019Women Rights against Sexual Violence in Bangladesh: Are you being sexually abused and would like to know about your rights in Bangladesh and...

What to do When cheque dishonour or bounce in Bangladeshi Law?

Cheque Dishonour or Bounce in Bangladesh - Law, Solution, Retrieve, Remedies, Punishment - A complete OverviewTahmidur Rahman, Senior Associate  5 Aug 2019What to do When Cheque Dishonour or Bounce in Bangladesh? How can you take legal actions to retrieve your money?...

Effects of Brexit in Construction Industry

Effects of Brexit in Construction Industry

CONSTRUCTION LAW UK

EFFECTS OF BREXIT ON CONSTRUCTION INDUSTRY

Tahmidur Rahman, Senior Associate

20 September 2019

The impending effects of Brexit on Construction Industry:

 

Government statistics indicate that over 3.5 million foreign employees were employed in the UK in the final quarter of last year, two-thirds of them from the EU. “The most significant move an employer can take is to encourage any EU employee to apply for settled status and be proactive in the provision of necessary data,” Cole said.

“Settled status means that after Brexit, the rights of EU citizens living in the UK will remain the same. “Applicants will need to show that they have been settled in the UK for at least five years, so assisting them through this phase by offering ancient employment-related records, such as pay slips and letters of appointment, can be really helpful.”

In some industries, global employees presently account for a substantial percentage of the general workforce. For instance, in building, the National Statistics Office discovered that 10% of employees come from outside the UK–with that figure in London as high as 35%. Rebecca Palmer, head of building of Prettys, said that any limitation on the employment of overseas employees would be a significant challenge for the industry.

“If we were to lose our valued global employees for whatever reason, I believe it would really harm the building sector in the UK,” she said. “Inevitably, as part of our role as consulting organizations in the building sector, our team frequently engages with global employees.

“Whether its contractors, developers, consultants, subcontractors or others with whom we interact, it is evident that the strengths shown by people to deliver good projects on a day-to-day basis are not exclusive to national employees, but as prevalent (and sometimes even more so) in global employees as they are.

“The dedication, versatility and adaptability we experience is a major driver of change and we really need them in the industry.” Cole called on the government to do more to prepare businesses to deal with any shortage of post-Brexit abilities.

“Training is essential and it will certainly help to make the learning path as easy as possible. Many employers still do not use their complete distribution of apprenticeship tax and the government could do more to promote this, “he said.

Palmer added that one of those for whom skill shortages have long been recognized as a pressing challenge is the building sector. “One of the greatest problems facing the UK is its gap in productivity. Our productivity remains behind much of the remainder of Europe, and there is a general feeling of dependence on labour, rather than considering technology-related innovation to fix issues. So, the solution is for the state to look at how it encourages companies to invest in long-term alternatives that will make the decreased labor pool as profitable as the bigger labor pool is at present. “

 

“CLP is Considered as one of the leading firms in Construction Law in Bangladesh”

Carpe Noctem Bangladesh

Immediate ramifications:

According to an article released by the Guardian on April 14, this is what could happen in the months leading up to Brexit:

No Deal:

Brexit could formally commute.

May’s Deal:

Brexit could occur sooner if the House of Commons voted to recognize the Brexit agreement of Prime Minister May, potentially on May 22.

In any case, we can work on the understanding, and possibly very soon, that Brexit will happen. That implies that what will happen in the months to follow is the true key to strong preparing.

 

The transitional period:

 

Regardless of what date goes down in history as the official Brexit Day, a transitional period (end of December 2020) has already been created, offering the sector a reasonable quantity of time to gage real impacts on the global financial scene as well as in the UK.

For the building sector, this is a welcome bit of “breathing space” and an opportunity to influence beneficial change wherever we can. It will also provide access to concrete facts for building experts, a luxury that we have not often enjoyed when debating this subject. Because of instant uncertainty, to be honest, continuing projects could feel temporary pressure, and big upcoming projects with timelines stretching into 2021 will probably involve cautious negotiation and planning. But, all in all, as long as we take complete advantage of it, this transition period is a beneficial thing for the sector.

Ahead of this shift, here are the main challenges that we will have to face as an industry:

The challenges construction pros must face going forward

 

The challenges facing building experts in the UK in a post-Brexit globe will have to develop practical approaches to address some very true problems. In reality, many of the following problems have already had an effect on the sector, merely because of the ambiguity surrounding Brexit:

Construction materials imported from the EU:

About 64 percent of the construction materials used in the UK. Similarly, about 63 percent of UK-exported construction products go to EU members. Existing free trade agreements with the EU would vanish after Brexit, probably leading in obligations, volume constraints, and delays at different boundaries, all of which could mean greater overall material expenses.

Skills/Labor shortage:

 

The UK construction industry presently depends strongly on foreign labor to fill qualified and unqualified positions, and even as an EU member, the sector has long been plagued by severe skill shortages. This skill shortage is likely to be exacerbated with the removal of the right to free motion among EU members. As many as one third of construction employees presently engaged in building projects in and around London are migrant workers from EU nations, according to one research.

With 28% of London building employees migrating from EU nations, it is no secret that the domestic building sector is highly dependent on migrant labor. After the eventual withdrawal from the EU, however, migrant workers will be stripped of their right to freedom of motion and consequently of their automatic right to work in the UK. In an effort to fulfill the wishes of hard-Brexiters, Prime Minister Theresa May announced government plans to concentrate a post-Brexit immigration policy favoring’ high-skill’ employees, with the exception of announcing the end of a free labor movement. As a consequence, some may contend that this could result in a skill shortage leading to greater project expenses, with demand for labor outweighing the capacity to supply.

 

Financing for infrastructure:

 

A change in partnership with the European Investment Bank (EIB) and the European Investment Fund (EIF) will require rethinking of prepared access to financing for large-scale infrastructure projects. These connections may be shielded by post-Brexit negotiations, but that is not certain. Of course, delays in the launch of infrastructure projects or the need to reduce their size and budgets will have a direct impact on the UK construction industry without sufficient funding.

“Companies should be prepared to engage in pre-matter planning and partner with the client to handle the matter in the best possible way. Particularly when operating off a fixed fee framework”

 

Housing crisis:

 

With labor supply likely to be unable to satisfy its demand, a knock-on effect is probable to occur, with house builders unable to fulfill government housing goals. As a result, house prices and project expenses would increase.

Alternatively, Brexit could lead foreign investors to withdraw their funds from the UK property industry, leading to lower rates and increased accessibility of initial investment assets. Yet, while this may sound like a light at the end of the tunnel, the uncertainty of financial instability implies that the Bank of England will become progressively apprehensive about borrowers ‘ capacity to repay, thereby changing their requirements for poor credit payments, guarantor loans and other private loan choices, thereby reducing credit availability.

Material costs: After British withdrawal, it is not just the free movement of employees that will be revoked; the free movement of products between the UK and the EU will also stop.

With the Business, Innovation and Skills Department stating that nearly two-thirds of building products have been imported from Europe, greater tax rates and post-Brexit quantities of imported products could be catastrophic for the construction industry.

While some may celebrate a subsequent enhanced focus on British goods manufacturing, consequential tariffs enforced on British products across Europe could spell additional difficulty for British sector and UK businesses. It is in such circumstances that it becomes essential for Theresa May to create a fair withdrawal agreement with the EU that protects British trade and the right to free motion of products–an agreement that becomes an progressively unlikely prospect at the moment of writing.

 

Cuts in funding:

 

The UK benefits from investments worth € 7.8 billion from the European Investment Bank and the European Investment Fund in significant infrastructure projects. These institutions also lend over € 500 m annually to British SMEs.

The loss of these income streams could have a significant effect on the sector, including the capacity to perform on large-scale infrastructure projects like HS2. Although some have suggested that this money could be substituted by that saved from EU membership charges, it is progressively unlikely that infrastructure would see any important investment in the face of continuous governmental reductions and reassessment of the budget across all industries.

 

 So, how does the Construction Industry deals with the Brexit?

 

All things considered, we are now at the threshold of UK leaving the EU, still largely uncertain of what the full impacts will be. With that in mind, Sir Winston Churchill’s popular phrases— so often cited, they have become mainly clichés at this stage — seem suitable for professionals in the building sector jointly confronting this monumental event: “Success is not final, failure is not deadly: it is the courage to continue that counts.” Maybe that’s the best advice that experts in the building sector can take at this stage.

While it sounds all doom and gloom, we can’t tell for sure how Brexit will impact the construction industry objectively without first setting out a definite exit strategy. With Theresa May and her Conservative government still having to negotiate an agreement with EU officials effectively, it is no exaggeration to declare that the construction industry’s future still hangs very much in the balance.

Want new articles before they get published?
Subscribe to our Awesome Newsletter.

Land Survey Tribunal in Bangladesh | Jurisdiction, Powers, Scope, Appeals| A Complete Overview

Land Survey Tribunal in Bangladesh | Jurisdiction, Powers, Scope, Appeals| A Complete OverviewTahmidur Rahman, Senior Assoicate, Counsels Law Partners6 Aug 2019This article provides an overview of the authority and jurisdiction of the Land Survey Tribunal in...

Maritime Laws of Bangladesh | Admiralty & Ship Arrest

Maritime Laws of Bangladesh | Admiralty & Ship Arrest | A complete overview of Admiralty Law in BangladeshTahmidur Rahman, Senior Associate, Counsels Law Partners 12 Aug 2019This post in details will explain Maritime Laws of Bangladesh | Admiralty & Ship...

Real Estate Law in Bangladesh | Law of Construction Matters | A complete overview of Real Estate in Bangladesh

Real Estate & Construction Law in Bangladesh - Rules & Regulations & Everything you need to knowTahmidur Rahman, Senior Associate, Counsels Law Partners 20 Oct 2019 This post in will explain in details the Real Estate & Construction Law in Bangladesh |...

Employee Rights in Bangladesh and Employer Rights| Labour & Workers Law in Bangladesh| A complete Overview

Employee Rights & Labour Law in Bangladesh - All you need to know about Employment Law Tahmidur Rahman, Senior Associate, Counsels Law Partners2 Oct 2019This post in will explain in details the Employee Rights & Labour Law in Bangladesh| Labour & Workers...

Registration Process of Gift of Immovable Property – Heba Registration, Will Registration, Land Registration – A complete Overview

Heba Will Gift Document Registration in Bangladesh | Complete Overview of Document Registration Process in Bangladesh.Tahmidur Rahman, Senior Associate, Counsels Law Partners 25 November 2019 Document Registration in Bangladesh: Registration means the correct...

Contract Agreement| Breach of Contract | A complete overview of Contract Law in Bangladesh

Contract Agreement & Breach of Contract in Bangladesh| A complete overview of Contract Agreement in BangladeshTahmidur Rahman, Senior Associate, Counsels Law Partners 12 Nov 2019This post in details will explain Contract Agreement & Breach of Contract in...

Cyber Law of Bangladesh | Internet Law, Web, ICT Act Rules, Regulations & Punishment and Rights in Bangladesh

Online Law / Internet Law in Bangladesh | ICT Act Rules, Regulations & Rights | A Complete OverviewTahmidur Rahman, Senior Associate, Counsels Law Partners 20 Oct 2019This post in will explain in details the Online Law / Internet Law in Bangladesh | ICT Rules,...

How to find the legitimacy or Ownership of a Land, Flat or Property | Confirmation of Ownership| A complete Overview of Property Verification

How to find the Ownership of a Land | Check the Legitimacy of Property you buy in BDTahmidur Rahman, Associate, Counsels Law Partners LLB. Bsc CSE10 January, 2020What it's important to verify the ownership of any property in Bangladesh? How to find the Ownership of a...

Women Rights against Sexual Violence in Bangladesh | Sexual Harassment Law Bangladesh | Rape, Dowry Punishment and Regulations

Women Rights against Sexual Violence in Bangladesh | নারী নির্যাতন অপরাধসমূহ আইনTahmidur Rahman, Senior Associate 28 Oct 2019Women Rights against Sexual Violence in Bangladesh: Are you being sexually abused and would like to know about your rights in Bangladesh and...

What to do When cheque dishonour or bounce in Bangladeshi Law?

Cheque Dishonour or Bounce in Bangladesh - Law, Solution, Retrieve, Remedies, Punishment - A complete OverviewTahmidur Rahman, Senior Associate  5 Aug 2019What to do When Cheque Dishonour or Bounce in Bangladesh? How can you take legal actions to retrieve your money?...

Call Now