BANGLADESH LABOUR ACT 2006 - ACT 23
23. Punishment for conviction
and misconduct : (1) Notwithstanding anything regarding lay-off, retrenchment,
discharge and termination of service as provided elsewhere in this Act, a
worker may be dismissed without prior notice or pay in lieu thereof if he is-
(a) convicted for any criminal offence ; or
(b) he is found guilty of misconduct under
section 24.
(2) Any worker found guilty of
misconduct may, instead of being dismissed under sub-section (1), in
consideration of any extenuating circumstances, be awarded any of the following
punishments, namely:
(a) Removal;
(b) Reduction to a lower post, grade or scale
of pay for a period not exceeding one year;
(c) Stoppage of promotion for a period not
exceeding one year;
(d) Withholding of increment for a period not
exceeding one year;
(e) fine;
(f) suspension without wages and subsistence allowance
for a period not exceeding seven days;
(g) censure or warning.
(3) A worker who is dismissed
under sub-section (1) or removed as a measure of punishment under sub-section
(2) (a) shall, if his continuous service is not less than one year, be paid by
the employer compensation at the rate of fourteen days wages for every
completed year of service, or gratuity, if any, whichever is higher; Provided
that no compensation shall be payable if the worker is dismissed for misconduct
as specified in sub-section (4) (b)
(4) The following acts and
omissions shall be treated as misconduct -
(a) willful insubordination or
disobedience, whether alone or in combination with others to any lawful or
reasonable order of a superior;
(b) theft, fraud or dishonesty in
connection with the employer’s business or property;
(c) taking for giving bribe in
connection with his or any other worker’s employment under the
employer;
(d) habitual late attendance;
(f) habitual breach of any law or
rule or regulation applicable to the establishment;
(g) riotous or disorderly
behavior in the establishment, or any act subversive of discipline;
(h) habitual negligence work;
(i) habitual breach of any rule
of employment, including conduct or discipline, approved by the chief
Inspector;
(j) falsifying, tampering with,
damaging or causing loss of employers official records.
(5) If a worker who is dismissed
from service under sub-section (1) (a), is acquitted on an appeal, he will be
reinstated to his original post without back wages or to any new post suitable
to him; and if such reinstatement is not possible, he shall be paid
compensation at the rate payable to a person on discharge excluding the
compensation already paid to him for his dismissal.
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