sisters or children, bereavements of immediate family members, and care of immediate family members in times of sickness and in such other circumstances as agreed with the employer. For a full-time employee casual leave shall accrue at the minimum rate of 5 working days per year, from the commencement of the employment period, such accrual to commence after the employee has completed 6 months of service. Casual leave shall be paid at the employee’s normal rate of pay that was paid to the employee in his or her most recent pay period. A part-time employee who is entitled to paid casual leave shall be paid at the part-time employee’s normal rate of pay that was paid to the part-time employee in his or her most recent pay period. Notification to employer An employee taking or seeking to take casual leave shall notify the employer in advance or, if this is not possible, notify the employer as promptly as possible personally or through another person of the absence on casual leave, the reason for casual leave, and the approximate period of such absence. Other entitlements An employee shall be entitled to take casual leave for part of a working day. An employee who has used his or her casual leave entitlements but requires additional casual leave may, at the discretion of the employer, draw on his or her unused annual leave entitlements. An employee shall not be entitled to encash unused casual leave entitlements. Unused casual leave entitlements shall be merged with the annual leave Records The employer shall maintain a register, either manual or electronic, of casual leave entitlements and casual leave taken by all employees.
The decision to form a workers’ association shall be taken by a majority vote of those workers present at the meeting. If the meeting decides to form a workers’ association the meeting shall by a majority vote appoint a chairperson to oversee the conduct of the meeting and any subsequent meetings concerning the formation of a workers’ association, assisted, as required, by a labour relations officer. The labour relations officer shall provide a sample constitution of a workers’ association to the chairperson for discussion at meetings of workers to assist them in deciding whether or not to proceed to the formation of a workers’ association. The labour relations officer shall be available to explain the nature and importance of a constitution and explain, as necessary, the role and functions of various officer bearers. If the meeting decides to form a workers’ association, all workers who join the association shall be entitled to vote in the election of the association’s office bearers. Chapter 6 Registration A workers’ association shall have no status and shall not be permitted to operate until it has had its registration application approved by the Chief Labour Administrator. The workers’ association shall apply for registration to the Chief Labour Administrator within 30 calendar days of its formation. The application for registration shall comprise the following. application letter in the form required by the Department of Labour as shown in Annex 1 name of the workers’ association number and names of members address of the workers’ association name of the enterprise in which the association is formed
direct a labour relations officer to attend and provide assistance as soon as possible. Workers’ association committee shall meet at any time it considers necessary and conduct its meetings according to the procedures established in the charter or constitution of its workers’ association. The chairperson of the committee shall ensure that accurate records are kept of the meetings and the decisions of the committee. The chairperson shall make all records of the committee’s meetings available to any member of the workers’ association. Chapter 8 Labour dispute relating to a workers’ association In the event of the majority of workers in an enterprise lodging a complaint concerning the functions, activities or operations of the workers’ association of that enterprise, that complaint shall in the first instance be treated as a grievance within the enterprise and resolved, if possible, through the application of the enterprise grievance procedure. If the complaint by workers is not resolved through the application of the enterprise grievance procedure, the complainant shall notify the Chief Labour Administrator of the existence of a labour dispute, and the dispute resolution procedures as provided in the Labour and Employment Act, 2007 shall be applied. During the hearing of the complaint and application of the grievance procedure and the dispute resolution procedure respectively, the workers’ association shall continue to exist and the workers lodging the complaint against its functions, activities or operations shall not be permitted in any circumstances to form or attempt to form an alternative workers’ association. Chapter 9
promptly and efficiently, but the provision of such facilities shall not impair the efficient operation of the workplace. The members of the committee of the workers’ association shall have access to all parts of the workplace necessary for the efficient conduct of its operations, be permitted to post notices in the workplace in such places as agreed with management be permitted to distribute information, news sheets, and pamphlets provided such distribution does not prejudice the operations of the enterprise or its tidiness have reasonable access to information, including the names and positions of all workers within the workplace, for the effective operation of its functions, subject to the approval of the employer have reasonable access to information to assist in preparing claims against the employer as part of the collective bargaining process. Chapter 11 Subscriptions The workers’ association at the time of its formation shall decide the monthly subscription fee of its members, either as a fixed sum or as a percentage of a workers’ salary. The agreed subscription fee shall not be changed other than by a majority vote of members at an association meeting to which all members have been invited. The workers’ association shall decide at the time of its formation by majority vote whether to request the employer to deduct the subscription fee from each worker’s monthly pay as part of a check off system. An employer shall not be obliged to agree to such a request. Chapter 12
ANNEXURE II Monthly Report Format Name of Agent: Location: Sl no Name of foreign worker (1) ID No. (2) (3) Name of the employer (4) Did he/she complete medical formalities? (5) When did you submit papers for processing Id/work permit card (date)? (6) Date of approval (7) Where is your worker from? (8) Work activity/ name of place? (9) Who processed for ID card? (10) Fees charged? (11) Did you brief the labour law? (12) Do you have agreement with the employer?(13) Dated signature/occupation:
Work permit 17. Upon receiving the approval of work permit for foreign worker, the employer/FWRA shall initiate the recruitment process. 18. The work permit cards for the foreign workers shall be issued by the competent authority identified by the government as per the procedures given in the “Guidelines for Recruitment of Foreign Workers” and the “Immigration Rules and Regulations 2012”. All costs related to processing for work permit shall be borne by the employer. Entry and Exit of foreign worker The FWRA/employer shall ensure that his/her foreign worker enter and exit the country on completion of all the immigration formalities as prescribed in the Immigration Rules and Regulations 2012. In the event the foreign worker absconds from the country, it must be reported to the Department of Immigration and the work permit must be cancelled immediately. Chapter 3 Responsibilities of the Employer and Foreign Workers Recruitment Agents (FWRA) The employer/FWRA shall: Strictly follow the procedures for recruitment as prescribed in the “Handbook on Recruitment and Employment of Foreign Workers in Bhutan”. Employ a foreigner who is above 18 years only. Ensure that only those foreign workers are recruited who have no criminal records and also who had not left Bhutan during his/her earlier employment without completing the immigration formalities and permission of the employer.