1. A} In the matter of being pregnant, no, the BLA 2006 is completely applicable. The Labor
Act of 2006 allows pregnant women to take time off work for the eight weeks preceding
the projected date of birth and forbids women from working for the eight weeks following
the day of delivery. Nevertheless, no woman worker shall be eligible for such
compensation if she has two or more children alive at the moment of birth. So, it is not
completely applicable to her case. In the case of being late at the office for the last month
would not be counted as the BLA 2006 because according to BLA 2006 for the dismissing
of Dilara, she needs to be a habituated late worker which she is not. So, that is why the
employer can not dismiss her as she is being late just for the last month.
B} Yes, the employer is right in not paying for the maternity leave because it is already
written into the BLA 2006 that no woman worker shall be entitled to such benefit if she
has, at the time of delivery, two or more children alive. So yes, the employee is right.
C} Dismissal refers to the termination of a worker’s employment by the employer due to
wrongdoing. If a worker is guilty of an offense, he/she may be terminated without advance
notice or pay, or he may be fired without prior notice or pay if he is actually convicted of
misbehavior under section 18. Section 26 authorizes an employer to cancel a worker’s
service for expediency. Under this Section, an employer may terminate the employment of
a permanent worker by providing him with written notice of 120 days if he is a monthly
rated worker and 60 days if he is a non-monthly rated worker. The claims against him must
be documented in writing. He will be given a copy of the document and seven days to
explain it. Following that, he will be given the opportunity to be heard.
D} If Dilara wants to resign today immediately she does not need to pay any money to the
employer. Instead of that, she will get money. One is entitled to be compensated for the
wages up to the day he or she leaves his/her job. In general, withholding pay from
employees who do not work their full notice period is illegal unless there is a clear stated
phrase in the employment contract that authorizes the employer to make withdrawals from
compensation.
E} An employee who has quit their jobs should be obligated to one of the following: a
redundancy pays allowance or other detachment advantages; an advantage from
unemployment insurance or other social security advantage or aid; or a combination of
stipend and benefit. Which of these is capable of giving for workers who have lost their
jobs is suitable for a specific situation is determined by national law. So, Dilara will get
(11,000*3 years) = 33,000 Tk as separate benefits.
2. My advice for Seema-
a. In case of this, the sale of goods 1930 section 16(2) and 16(3) appears to have been
breached. Section 14 includes implicit quality standards and is preceded with the
caution emptor (buyer beware) concept. Quality and characterization can be hard
to distinguish at times since the description of items frequently alludes to quality
and the problem of quality is frequently tied to the case of goods. According to
Section 16, there is an implicit provision in the contract for the sale that the items
be of sufficient quality if the seller is providing the products in the conduct of trade.
