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, misbehavior, 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:
- Show cause notice
- Consideration of reply of show cause notice
- Appointment of Enquiry Committee
- Inquiry Notice
- Conducting Enquiry
- Consideration of the Enquiry Report
- Awarding Punishment
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.” Willful disobedience
- Theft, fraud, or dishonesty
- Habitual absence without leave or absence for more than 10(ten) days at a time without obtaining leave
- Habitual late attendance
- Habitual breach of any law, rule, or regulation applicable to the establishment
- Habitual negligence in work
- Tampering with eemployer’sofficial records
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 punishing a worker for misconduct, the following procedures must be followed:
An investigation committee will be formed to follow the misconduct procedure. 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. The investigation committee can form sub-committees. Then, the submitter’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 to the investigation committee of 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 ffirm’strade union (if any) or, if no trade union exists, any labor 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” as 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:
- Allegations against him must be recorded in writing
- He will be given a copy of it and given at least seven days to explain it.
- He will then be given an opportunity to be heard.
- He must be found guilty after an investigation by an investigative committee composed of equal numbers of representatives of employers and workers, and the duration of such investigation shall not exceed 60 days.
- The employer or the manager needs to approve the order of dismissal.
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
- An order of suspension must be in writing and effective immediately upon delivery to the worker/employee.
- During the investigation, the accused worker may be assisted by a person employed by the company and appointed by him.
- If oral evidence is given on behalf of a party in an investigation, the party may examine and cross-examine the witness.
- Suppose the employee is found guilty and punished in accordance with section 23(1). In that case, the employee is not entitled to wages during the period of suspension but shall be entitled to the subsistence allowance for such period.
- If punishments are imposed, a copy of the order imposing such punishments shall be given to the worker concerned.
- If a worker refuses to accept any notice, letter, chargesheet, order, or other document addressed to the worker by the employer, such notice, letter, chargesheet, order, or other documents shall be deemed to have been served on the employee. If a copy has been exhibited on the notice board and another copy has been sent by registered post to the address as found in the records.
- If a worker is punished, a copy of the order of punishment must be provided to them.
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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 [email protected] or call +8801886119800
