I
was the sole speaker in an on-line discussion on 27 May; main topics
were disciplinary procedure and maternity benefits in the context of the
Bangladesh Labour Act, 2006. It was hosted by the SIMS Bangladesh.
The Section 2(34) of the Act provided definition on the “maternity benefit,” and Chapter IV provided other criterion for the same, including how to determine the “Amount of maternity benefit” (Section 48).
According to Section 48(2), the amount would be determined in consideration of “total wages earned by the concerned woman during 3 (three) months immediately the date on which she gives notice …” Therefore, the very date of notice is of the most important fact. The earnings of three calendar-months immediately the date of notification is to be taken into review against the “number of days she actually worked during that period.”
Given the unusual and unprecedented situation of the coronavirus (COVID-19) and “general holidays” enforced by the Government there are lot of confusions and ambiguities among stakeholders concerned how to determine “days she actually worked” since the Chapter IV did not provide any explanation on the same. A series of questions have come in the discussions; however, we were not able to respond to all question for time constraints.
In determining the same one needs to asses following key issues: whether the factory or establishment concerned was on lay-off or was on the “general holidays’ or followed something else. The understanding and appreciation of the same along with fact and circumstances concerning the worker are crucial factor in determining the “days she actually worked” on a fair basis. There are related elements and reflections within the Act to find a solution on the same.
According to the General Clauses Act, 1897, the statute to guide interpretation of laws, the meaning of a matter in hand shall be found out within the very Section of an Act. And, if that is not possible, for an understanding of the same it could be searched in some other parts of the law- the whole Act shall be read together to find out a meaning of a matter in question, and a wider concept of the same in line with the objective of the statute shall be taken into consideration.
However, to extend a legal opinion on the same (e.g., maternity benefit), we do require the related fact and circumstance. Any hypothetical question and superficial answer, by a practitioner like us, would be of no benefit for anyone.
The Ministry of Labour and Employment should take note of the matter and initiate for an explanation on the same. It could be done through brining an amendment in Section 48. Given the current situation, the same could be done in the form of an Ordinance.
Dr. Uttam Kumar Das,
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