by Maisha Ahmed

Disciplinary Action

Disciplinary action is a step that an organization takes against employees who do not follow certain policies and regulations. This non-compliance could take the form of repeated misconduct, misbehaviour, poor performance, or rule violations. These actions are intended to prevent employees from causing issues for their employers.

Steps for disciplinary action: To take disciplinary action against misconduct of an employee, the following steps are mandatory:

Misconduct

Based on “Misconduct,” a worker may be “Dismissed.” Section 2(39) of the Labour Act, 2006 (as amended in 2013) defines “Dismissal” as “the termination of services of a worker by the employer for misconduct”.

Section 23(4) of the said Labour Act, 2006 (as amended in 2013) defines “Misconduct.”

If a dismissed worker is found not guilty on appeal, he will be reinstated to his original position or appointed to a suitable position. If none are possible, he will be compensated.

The procedure of Punishment of Misconduct

When imposing a punishment on a worker for misconduct, the following procedures must be followed:

To follow the procedure of misconduct an investigation committee will be formed. After forming an investigation committee, the procedures will be completed and the report shall be submitted within 60 days. According to the amended rules, 60(sixty) days shall be counted from the date of filing of the complaint (show cause) to the date of settlement of the complaint. The investigation committee will consist of not more than 6(six) people. Sub-committees can be formed by the investigation committee. Then subcommittee’s report will be submitted to the investigation committee for final approval. After that, the investigation committee will forward the investigation report to the appropriate authority for action. The owner or any officer authorized by him will appoint a representative from the factory or firm to the committee. Subject to the written proposal of the worker charged, a representative of the worker will be nominated in the investigation committee among the workers employed in the factory or firm.

Provided, however, no one below in rank the worker charged can’t be nominated as a representative:

Amended Rules: Provided further that if the accused worker does not nominate his representative within the prescribed time, the authority shall request the nomination of a representative from CBA or the participating committees;

Also provided that if allegations are made against any worker or employee under items (b) and (g) of sub-section 4 of section 23, the charged worker or employee can nominate any member of the firm’s trade union (if any) or, if no trade union exists, any labour representative of the participating committee as his representative.

Moreover, conducting any feature with the intent of realizing the legal arrears of the workers without interfering with production or daily operations of the firm or causing damage to the firm’s properties will not be considered indiscipline.

Once all of the previous steps have been completed, it is determined that the alleged employee committed the misconduct.

Provision for a fine as a punishment for misconduct

The fine should be recorded in a Form-12 register in pursuance of Section 25, and the voucher or receipt for the money spent should be attached to the register.

Dismissal

Section 2(39) of the Labour Act, 2006 defines “dismissal” means the termination of services of a worker by the employer for misconduct;

The procedure of punishment for dismissing a worker

Section 24 of the Labour Act specifies the procedure for dismissing a worker, which includes informing him or her of the allegation in writing and giving them an opportunity for a hearing. However, by law, no prior approval from a government agency is required.

In case of a dismissal pursuant to section 24(1) of the Labour Act the following procedures must be followed:

Section 24 further states that:

An employee accused of misconduct may be suspended pending an investigation into the charges against him and such suspension may not exceed 60 days unless the matter is pending in court.

Provided that during such suspension, the employee shall be paid by his employer his subsistence allowance and other allowances, if any

Suspension for more than 60 days

A worker may be suspended for a maximum of 60 days. In Secretary, Bangladesh Jute Corporation Vs. 2nd Labour Court (1989) 41 DLR 2651, 2nd Labor Court, Dhaka It has been held that the continued suspension of respondent beyond 60 days is unlawful under section 18 (2) of the Act.

It is hoped, however, that from the preceding discussion, anyone can explain misconduct, dismissal and its prescribed procedures.

In case you need any advice or support in relation to employee disciplinary action, feel free to contact info@juralacuity.com or call +8801886119800

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