Disciplinary procedure under labour laws of

One of the very common queries that we receive from the organizational clients is in relation to the disciplinary procedure. It is important for both the employer and employee to be fully aware of the procedure so that the same can be followed in full conformity with the law.
All employers and employees should be aware that dismissal or removal can only take place after completion of a disciplinary procedure as per the Bangladesh Labour Act, 2006 (hereinafter referred as “BLA”) and the Bangladesh Labour Rules, 2015 (hereinafter referred to as “BLR”).

Disciplinary Procedure as encompassed in the BLA and BLR
The disciplinary procedure, as contained in the BLA is usually initiated when there is an allegation of misconduct against an employee.

The BLA provides, the followings shall be treated as misconduct, namely;
a) willful disobedience, whether alone or in combination with others to any lawful or reasonable order of a superior;
b) theft, misappropriation, fraud or dishonesty in connection with business or property of the employer;
c) taking or giving a bribe in connection with his or any other worker’s employment under the employer;
d) habitual absence without leave of absence for more than 10 (ten) days at a time without obtaining leave;
e) habitual late attendance;
f) habitual breach of any law or rule or regulation applicable to the establishment;
g) disorderliness, riot, arson or breakage in the establishment;
h) habitual negligence in work;
i) habitual breach of any rule relating to employment, including discipline or conduct, approved by the Chief Inspector;
j) altering, forging, wrongfully changing, damaging or causing loss to employer’s official records
However, it should be noted that the list of acts stated above is a non-exhaustive list and may include acts which are contrary to the general governance of the establishment, provided it is approved by the Chief Inspector, Ministry of Labour and Employment.

Provided below, is a guideline to be followed when there is an allegation of misconduct against an employee.
1. Any complaint against any employee shall be made/recorded in writing addressed to the authorized officer or department. Upon receipt of a written complaint, the concerned authority (usually the chief executive or the Human Resources Department) shall issue a show-cause notice to the concerned employee mentioning the charge/allegation and allowing the employee a time frame of at least 07 (seven) days for submission of written explanation.
2. Upon receipt of a written explanation from the concerned employee, where such an explanation is considered to be satisfactory, the complaint will be regarded as settled and this will not affect any future employment of such employee.
3. However, upon not receiving any explanation or upon receipt of written explanation from the concerned employees, where such explanation is considered to be unsatisfactory, the employer shall make arrangements to form an enquiry committee, constituted with equal number of members representing the Employer’s side and the employees’ side, to make formal enquiry into the matter. The committee shall submit a report on the enquiry to the Employer.
4. The enquiry committee can consist of no more than six members. Subsequently, the enquiry committee will send the report containing decision as to guilt to the authority for necessary action.
5. The Employer or any person deriving authority from the Employer shall nominate the Employer’s representative(s) in the Inquiry Committee from within the organization. Similarly, the accused employee shall nominate the representative(s) from the employee’s side from amongst the employees of the organization by a written proposal.
6. Accordingly, the organization shall then issue the notice of enquiry to the concerned employee to hold a hearing of the case specifying certain details. It shall also be notified to him that he may bring another person nominated by him from within the organization to assist him during the hearing.
7. The witness, either from the employees’ or from the members’ side, if any, should be examined and cross-examined by the enquiry committee and by the accused employee. The statement of the witness(s) should be recorded and the witness(s) must sign the paper on which his/her statement was recorded.
8. The evidence in support of Show cause letter and charge(s) brought against the accused employee shall also have to be presented before the accused for his comments. The enquiry committee shall then submit a full report on the inquiry with a decision as to whether the accused is guilty or not along with their fact findings, comments etc.
9. The Employer decides which punishment shall be imposed on the concerned employee based on such report. In relation to the awarding of punishment, the Employer shall take into consideration, the previous record of the concerned employee, the gravity of the misconduct, the achievement and contributions of the accused employees during the employment and any other relevant factors that may exist in the situation.
10. Once all the above steps have been complied with and the accused employee has been found to have in fact committed the misconduct, the Employer is then at liberty to dismiss the employees without prior notice or payment in lieu thereof.
Dismissing or being dismissed is not a pleasant experience. However, it is hoped that this article may provide some guidance as to the rights and obligations of both parties in this situation.

Barrister Shafquat Alamgir is a senior associate at Legal Counsel
Law Column is authored by the associates of Legal Counsel which is one of the leading full-service corporate law chambers of Bangladesh having core expertise in corporate and commercial law, employment and labour law, family law, property law, corporate taxation and so forth. (www.legalcounselbd.com or email at info@legalcounselbd.com)

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Disciplinary procedure under labour laws of Bangladesh

Disciplinary procedure under labour laws of

Disciplinary procedure under labour laws of

Disciplinary procedure under labour laws of

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