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Dear Azad san,
Good Afternoon!!
This is Iqbal Hossen from Tokyo Consulting Firm Limited.
I would like to inform you following information based on your quarry regarding Mr. Sahajalas’ issue:
Q-1: MBD have to pay him retirement fee or not after his contract period is over?
A-1: From your appointment letter (Contract Basis), there are no specific obligation for retirement benefit. So, you haven’t to pay him any retirement fees.
Q-2: As per Govt. rule, How much minimum starting gross salary of a driver & How his over time calculated?
A-2.1: Minimum gross salary for Privat sector Road Transport labour is 6,300. (List enclosed)
A-2.2: Overtime and How to Calculate it?
You have to calculate overtime pay as per Rules 102 of Labour Rules, 2015.
Rules 102 of Labour Rules, 2015:
1) As per Section 108, if there are not different agreements, the general rate of overtime allowance per hour shall be calculated in the following ways:
a) 1/8 of daily wage amount in case of the workers employed in terms of daily wage;
b) 1/48 of weekly wage amount in case of the workers employed in terms of weekly wage;
c) 1/208 of monthly wage amount in case of the workers employed in terms of monthly wage;
N.B: 52 ÷ 12 X 48 hours = 208 hours shall be calculated as one month period. The rate of overtime allowance per hour = monthly basic wage and allowance and adhoc or interim wage (if any) X 2 X overtime hours/208 hours.
2) The calculation of overtime duty shall be kept preserved in Registers in accordance with Form-34.
Q-3: Suppose, MBD appoint him as permanent employee after his contract period is over & Fix his gross salary Tk 17000/=
Overtime calculation procedure:
Overtime = Basic Salary ÷ 208 × 2 × Number of Extra hour worked
Gross Salary = 17,000 Tk which break-up will be Basic 10,200; House rent BDT. 5,100; Medical allowance BDT. 1,020; Conveyance allowance BDT. 680.
Mr. Sahajala’s Overtime Pay per Hour will be = 10,200 ÷ 208 × 2
= BDT. 98 per hour
Overtime for Holidays:
According to Labour Act, 2006 section 119 an employee will be entitled to receive an extra pay at regular rate pay per day in excess of overtime pay.
That means, Overtime rate for holiday will be = 10,200 ÷ 208 × 3
= BDT. 147 per hour
Please find the above attached invoices.
Please feel free to discuss with us for any quarry.
Thank you so much for your continue support.
Best regards,
Iqbal Hossen
Tokyo Consulting Firm Limited.
Cell: 01877537842