Is it acceptable to use Permanent Employee for project-based hiring?
Ans: This is Not appropriate under Labour Law
Section 4 (7) classifies workers: permanent, temporary, casual, etc.
A permanent worker is someone employed on a permanent basis or after probation completion. For project-based work, the correct classification should be:
Temporary worker or
Contractual
If you appoint as “permanent” but work is project-based, it may create: entitlement to termination benefits and other benefits.
Is it acceptable to not consider salary increases during the project period?
Ans : No salary increase during project period, Generally acceptable, The Act does not mandate annual salary increment.
Salary is governed by:
employment contract
If contract states fixed salary for project duration, it is legally acceptable.
Basically Project Salary depends on the Project employee contract.
Both the employee and employer want to change the notice period to 30 days for termination or resignation; is this permissible under labor law?
Ans : For permanent workers, you cannot fix 30 days’ notice,if it is less than the legal requirement.
Legal Requirement:
Employer termination (Section 26):
120 days (monthly-rated employee)
60 days (other workers)
Employee resignation (Section 27):
60 days notice
Setting 30 days for both sides is NOT legally permissibleAny contract clause reducing this will be invalid
Is it acceptable that payday is 10 business days later?
Ans : Salary paid after 10 business days, likely non-compliant
Law requires employer to pay wages regularly and timely (Chapter X – Wages sec-123)
Also, timesheets must be submitted by the next 5 business days.
Ans : Timesheet submission within 5 business days is acceptable. There is no specific restriction under the Labour Act regarding timesheet submission deadlines. This is considered an internal policy matter. However, it is legally valid only if such a requirement is not used to unfairly delay or deny wages.
Can annual leave be reduced by 16 days?
Ans: Reduction of annual leave by 16 days is not permissible if it brings the entitlement below the statutory minimum.
As per Section 117 of the Bangladesh Labour Act:
A worker is entitled to annual leave at the rate of 1 day for every 18 working days (for most sectors).
After completing 1 year of service, a worker earns this statutory leave entitlement, which cannot be reduced arbitrarily.
Therefore, an employer cannot reduce statutory leave below the legal requirement. However, the employer may grant leave in excess of the statutory minimum, but not less.
Is it acceptable to grant paid leave after the probationary period ends?
As per Section 117 of the Bangladesh Labour Act:
Statutory annual leave entitlement arises after completing 1 year of continuous service.
Therefore, during the probation period, there is no statutory requirement to provide annual leave.
After completion of probation but before reaching 1 year of service:
Therefore:
Granting paid leave only after probation is acceptable.
However, the employer must ensure that the employee receives the full statutory annual leave entitlement after completing 1 year of service, as required by law