Law Views Rethinking labour protection of a manager in Bangladesh

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শুক্রবার, ১৩ নভেম্বর ২০২৬



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The classification of employees as managers in Bangladesh has significant implications for their access to legal protections under the Bangladesh Labour Act (BLA). While the Bangladesh Labour (Amendment) Act 2026 excludes individuals with managerial, administrative, or supervisory responsibilities from the definition of a worker, the practical application of this exclusion remains complex. Historically, courts have applied a substance-over-form approach, prioritizing actual duties over job titles.

The Bangladesh Labour Rules 2015 provided indicators of managerial responsibility under rule 2(1) (Nio), including authority over matters such as appointments, salary decisions, terminations, payment of final dues, and establishment expenditure.

The distinction between representing an employer and possessing actual decision-making power is critical, as exclusion from the worker definition impacts rights such as regulated working hours, overtime benefits, and termination compensation. Comparative legal frameworks, such as those in the UK, emphasize that contractual documents should not solely determine legal status when they fail to reflect the reality of the working relationship. Legal experts suggest that written delegations of authority should be treated as evidence rather than automatic proof, with courts examining whether managerial powers are exercised in practice.

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