EDITORIAL
We are pleased to publish the
fourth issue of the quarterly Legal
Counsel News Bulletin with some
important updates amid the current crisis situation. Stay home
and stay safe.
NEW LEGISLTION (APRIL 2020-
JUNE 2020)
No new legislation has been
enacted in the Parliament during
the second quarter of 2020,
except the Finance Act 2020
(National Budget).
Second quarter of 2020 has seen people’s lives and lifestyles,
organisational strategies and practices, working
methods and the economy itself, change drastically
across the world. Organisational downsizing and commercial
restructuring have meant that there is significant
rise in unemployment rates globally, putting those still
with jobs at a constant pressure to outshine their roles.
From the ever-so-usual ‘going to office’ model, most
establishments have already successfully reformed in to
‘work from home’ (WFH) attitudes. This, apart from
having both positive and negative impacts on domestic
lives and relationships – now that people are home all the
time – is also giving rise to various, new technical and
professional challenges. Being informed and taking the
right action at the right time can safeguard against such
complications, as this WFH becomes the ‘new normal’.
Also, staying relevant is the key, and for such, adapting to
the growing changes is essential.
The uncertainty of
the prevalence of
this situation continues,
with no
direction as to
when things will
get back to the
‘old normal’.
Hence, organisations,
which have
not already done
so
must ensure, secure and effective communications while
they continue to require their employees to WFH. Introducing,
or strengthening existing, internal IT and communications
policies, using encrypted or secured communication
tools/apps, introduction and use of e-signature
etc., are important. Organizations and individuals
must understand that not all communications IT
tools/apps are secure, putting their confidential information
at high risk. The very concept of WFH itself may also
adversely affect official confidentiality by exposing them,
albeit unintentionally, to the other members of the
family. A cross-check with the cyber and digital security
laws of the country, i.e. the Digital Security Act, 2018 and
the Information and Communication Technology Act,
2006, Data Protection laws (draft) is viewed as essential
now.
Being the only green law firm of the country, Legal Counsel
has been advocating for ‘going green, digitalization
and cyber security’ for years, and it firmly believes that
now is the time for all organisations to take these seriously.
Organisations may consider to offer additional allowance
to employees, so that they obtain increased bandwidth
and have better connectivity for smooth and uninterrupted
WFH process.
Alternatively, an otherwise irrelevant allowance in the
given context can be temporarily converted to achieve
the above, for e.g. transport allowance becoming IT
allowance. Besides, addressing mental health is an
important aspect of employers’ responsibility. Organizations
that do not suffer from liquidity crisis, may also
invest into capacity building of the employees by offering
virtual workshops and trainings conducted by professionals.
• According to a Circular issued by
the Directorate General of Health
Services (DGHS), not wearing a
mask while in public is now illegal
and punishable with a maximum
sentence of 6 (six) months or Taka 1
(one) lac fine or both.
•..The Contagious Diseases (Prevention,
Control and Eradication)
Act 2018 contains penalties, for
example, persons assisting in
spreading contagious germs,
being aware of its consequences
and hiding the risk of infection
with a maximum term of 6 (six)
months’ imprisonment or a maximum
fine of Taka 1 (one) lac or
both.
• No child under
the age of 14
can be employed
to work
as per the 2018
amendment of
the Bangladesh
Labour Act
2006.
• Bangladesh Bank has allowed non-bank entities to operate automated teller machines
(ATM) across the country with specific focus on spreading banking network in
rural areas at an affordable cost.
• The government on 21 June, 2020 signed a loan agreement of $250 million (budget
support) with the International Development Association (IDA) of the World
Bank Group to finance the “Second Jobs Development Policy Credit (DPC-2)” program.
In this context, the government and the World Bank Group (WBG) got
engaged in a 03 (three) year program of reforms for the period of 2018-2021 and
the WBG agreed to extend financial assistance of $750 million in this regard. The
first program in the series (Job DPC-1) was completed in FY 2018-2019 where IDA
provided $ 250 million and as its continuity, WBG has agreed to provide another $
250 million in the second program (Job DPC-2) in the current FY 2019-2020.
Legal Counsel has adopted “Work from Home (WFH)” policy since 19 March, 2020 and is continuing
with the same by way of efficiently implementing required measures. We are also
conducting cases in the Virtual Court.
Legal Counsel is very pleased to be able to share with you the relevant Coronavirus related
government circulars from time to time, both in the original version in Bangla and our translated
versions in English and sometimes also in other languages like Japanese, French etc.
We have been periodically conducting private webinars for our clients on different topics,
followed by sending webinar notes and we wish to cover all our clients in due course.
We have arranged a webinar on employment law and situation around the world, inviting
lawyers from 05 (five) countries, which is so far the only legal webinar in Bangladesh broadcasted
live in a satellite TV channel. You can watch the webinar at [ https://bit.ly/31ccITq ]
We have arranged 21 (twenty-one) internal capacity building sessions (legal, technical,
skill-based, professional etc.) for our lawyers during the last 03 (three) months.
LEGAL COUNSEL NEWS
We have carefully prepared and shared with you a comprehensive Special
Bulletin covering different aspects of laws in relation to the current
corona situation. Please download at http://legalcounselbd.com/special-
bulletin-covid-19/
As a part of our decade long pro-bono efforts, we are continuing with
our newspaper write-ups, TV shows and social media awareness campaigns
such as especially focusing on the current contexts so that the
people at large can be benefitted. We have also allocated a significant
portion of our annual proceeds to provide pro-bono legal services to
SMEs, young entrepreneurs, trade bodies, govt-agencies, etc.
Members of Team Legal Counsel are recognized experts, with unrivalled experience in the corporate sector. From the inception of our chambers, we have accrued the vision of providing services in full swing to a vast number of national and international organizations. The firm is involved in many other philanthropic causes, in 2017 we devoted 1200 hours to pro bono work. We have a reputation for client service, creativity and excellence and have dealt with some of the most high profile and challenging cases of recent years. Our primary objective has been to flourish and inspire the brilliance and quality of service to the clients.
We grasp the commercial consideration, which underlie transactions and the issues our clients bring to us. We consider it as very important to fully understand the nature of each client’s business, the markets in which the clients operate and the real business issues involved in the matters we work on. We aim to provide the highest possible standard of legal services and to maintain that level of quality at every point of contact.
This gives rise to close, long-term and effective working relationship between our clients and us. Legal Counsel as a publishing house made its first publication ‘Legal Stories of Life’. This publication goes hand-in-hand with the core values and policies of our chambers in disseminating legal knowledge amongst the people in ensuring better implementation of laws in our society. We grasp the commercial consideration, which underlie transactions and the issues our clients bring to us.
We consider it as very important to fully understand the nature of each client’s business, the markets in which the clients operate and the real business issues involved in the matters we work on. The associates of the firm aim to be positive and constructive. We use a flexible and commercial approach tailored to meet each client’s particular business needs. We operate in accordance with our global business principles of quality, unity and integrity. We aim to provide the highest possible standard of legal services and to maintain that level of quality at every point of contact. This gives rise to close, long-term and effective working relationship between client and lawyer.