Since labour law is still just coming out of its adolescence in Bangladesh with the whole regime of human resources and compliance departments finally taking their places in the industrial and commercial sectors, big changes are being perceived in light of the legal sector in this matter. The issue however seems more profound with the positions that are higher up in the hierarchy such as a manager, a quality inspector etc. There had been quite a few litigations involving this and the results were split on both sides. In some cases they were considered as labours and as a result were able to qualify for the compensations or benefits that a labour normally would receive. In other cases, employers gained an upper hand and were able to render the employee out of the definition of labour. It is impertinent to remember, that not so far in the distant past there were very little resemblance of a legislation or compliance to legislations as such through which these personnel could benefit. With unemployment and high demand of jobs within the country, people tend to accept positions which they are otherwise over-qualified for in most cases. Hence, come the acceptance of terms which do not properly define their liabilities and their overall rights.
As these employees gather experience and become more integral to the function of the companies or industries, they tend to gain more leverage in terms of their remuneration and benefits. In most cases, the companies having more options tend to deny such benefits and this is where lies the seeds of conflict. However, there also lies the other side of the coin, where employees try to exploit the labour laws and gain more benefit than they are deserving. In the end, it all comes down to the fairness of the whole situation.
Well, what can guide us around these issues? Drafting proper employee contracts may provide an opening for both the parties. What remuneration does the employee receive? Are benefits such as gratuity and festival bonuses being availed for the employee? What are the options available when there is a conflict with the employer? How long is his/her probational period or any notice period for dismissal? And most importantly, what laws are governing the employee’s contract? These are some of the major issues to watch out for in a non-exhaustive list of things. With different kinds of industries, companies and work environments come new challenges in governing the status of an employee.
With all that said, our team at FM Associates are eager to deal with such challenges. We have an award winning team specialized in labour laws of Bangladesh who work relentlessly to the needs of their clients. Please do not hesitate to contact us for any queries.
Labour and Employment Services, Click Here