New employment in Bangladesh often starts with a probation period. During this period, the employer assesses the performance and behavior of a new employee. Even though managing probationary employees is more flexible than permanent ones, the probation period is still regulated by the labor law of Bangladesh. 

It gives the employer a chance to decide whether to make the employee a permanent worker for their company or simply terminate the contract. The employee also has the opportunity to familiarize themselves with the new work environment and to prove their skills.

Definition of a Probation Period in Bangladesh

Probation in Bangladesh is a period during which a newly appointed employee works to show their abilities in the role. It also allows an employer to evaluate the employee’s performance, behavior, and overall suitability for the company.

The probation period is regulated by the Bangladesh Labour Act, 2006. During this period, certain benefits or rights, like job security or full entitlements, may not be applicable until an employee completes the probationary period and becomes a permanent worker.

Lengths of Probationary Periods in Bangladesh

According to the Labour Act, 2006, the duration of the probation period in Bangladesh depends on the type of role. It must not be more than six months for clerical or non‑manual workers, and no more than three months for manual or blue‑collar workers. 

If an employer requires more time to make a decision on an employee, they can extend the probation period once, for a period no longer than the original one in the contract. So, the probation period of a clerical worker can last up to twelve months, and that of a manual worker up to six months. 

During this period, employers have greater flexibility to terminate the contract with an easier process than they can with permanent employees.

Permanent or Indefinite Contracts

In Bangladesh, employees who are on indefinite or permanent contracts usually start their employment with a probation period. If the employer is satisfied with their work, a confirmation letter is given, and they become permanent workers.

Confirmation should always be in writing and is often included in a new contract or a letter confirming the status of the employee as permanent, and their eligibility for full benefits. If confirmation is not made but the employee continues to work after the probation period, they may be considered permanent under certain circumstances, especially if the employer didn’t extend the probation or terminate the contract.

This means that under Bangladeshi law, if the employer doesn’t take action after the probation period has ended, the worker is legally considered a permanent employee.

Fixed-Term or Definite Contracts

Fixed-term contracts may also include probation periods. However, the length is a little different in this case. Because the employee is only employed for a specific period, the probation period must be proportionate to this length.

For example, putting an employee on a six-month probation in a one-year fixed contract would be legally inappropriate. In these cases, probation is usually much shorter, at one to three months, and is specified clearly in the contract.

Employers should be aware that when the probation period expires, the remaining duration of the fixed contract is still regulated by its original terms unless renewed or modified by mutual agreement.

Legal Considerations for Probation Periods in Bangladesh

Probation in Bangladesh is regulated by the Bangladesh Labour Act. Employers have to clearly state all terms in the contract. This includes the length of the probation period, whether it can be extended or not, and how termination should be handled during this period.

If these details aren’t properly defined in the contract or if the employer violates them, they could face legal issues. For instance, terminating someone’s contract during probation without notice could lead to legal issues, and the employee can claim unfair termination in court.

If an employee is doing well during probation but hasn’t been officially hired permanently on time due to delays from the employer side, the law might still treat them as a permanent employee. That’s why it’s important for companies to keep proper documentation and be on time.

Pay and Working Conditions

In Bangladesh, employees on probation get the same salaries and normal working conditions as their permanent peers doing the same job. 

Probationary employees should also respect the company policies, code of conduct, and official working hours. In return, the employer should provide them with a safe work environment and pay the minimum wage set by the government, which is 12,500 BDT per month as of 2025.

Termination and Notice

Termination rules for probationary employees are more flexible than for permanent workers. However, terminating a probationary employee is still regulated by law. If an employer wants to terminate an employee during the probationary period, they must give at least seven days’ notice.

Once the probation period is over and the employee is permanent, termination rules become stricter. Permanent employees are entitled to 30 to 120 days of notice, depending on their role.

However, in cases of major misconduct, such as theft or violence, termination can be immediate, even during probation.

Vacation / Holidays

Probationary employees have the same holidays as any other employee in Bangladesh. But, they can get casual and earned leave only after they are permanent workers. This is why some employers do not allow time off during probation unless it’s for an emergency or medical reason.

Employers sometimes prefer unpaid leave during probation periods. Employers should also be aware that an employee cannot be made to work after normal working hours without rest every week, nor on public holidays set by the government, such as Independence Day on March 26th.

Benefits of Probation Periods in Bangladesh

The probation period is important for both the employer and the employee. Employers can use it to decide whether a new employee is a good fit, and the employee can decide if the job meets their expectations or not.

  • For Employees

The probation period gives new employees time to get used to the new work environment and culture. During this period, they have the opportunity to show their skills and discipline, and that they are suitable for the job.

Probationary employees can decide during this period if they are happy with their job and if it is what they were expecting. If not, they can easily terminate the contract without having to go through the lengthier formal process compared to if they were a permanent employee.

  • For Employers

This period is also important for the employers. It allows them to closely monitor a new employee’s performance in real work conditions. It gives an idea about whether the employee fits in with the team and company culture or not.

It also reduces the risk of hiring someone who doesn’t fit well in a specific role for a long-term contract. The probation helps employers to fire probationary employees without having to deal with the formalities of a permanent worker termination.

Conclusion

The probation period in Bangladesh is a legal trial period regulated by law that benefits both employers and employees. It allows employers to decide if a new employee is suitable before offering them a permanent position. 

It also gives employees an opportunity to familiarize themselves with their job responsibilities and prove their abilities. However, employees during this period are protected by law. So, businesses must be careful to avoid legal complications.

Remote People can help you if you are looking to grow your business and hire talent in Bangladesh without establishing a local legal entity. We can offer expert help to ensure your business is legally compliant with labor laws for probationary periods in Bangladesh. This ensures you can focus your time and efforts on growing your business.

Frequently Asked Questions

No. The Bangladesh Labour Act requires at least seven days' notice or payment in lieu of notice, even for probationary workers. The exception to this is if the employee is fired due to major misconduct, such as theft or violence.

If the employee has completed the probation, and no written extension or termination is made by the employer, they are considered a permanent employee by default under the law.

Yes, it can be extended once. The extension must be documented and must be for a period equal to the original probation.