BANGLADESH LABOUR ACT 2006 - ACT 24
24.
Procedure for punishment. – (1) No order of punishment under section 23
shall be made against a worker unless-
(a) the allegations against him are recorded
in writing;
(b) he is given a copy thereof and not less
than seven day’s time to explain;
(c) he is given an opportunity of being heard;
(d) he is found guilty, after enquiry;
(e) the employer or the manager approves of
such order.
(2) A worker
charged for misconduct may be suspended pending enquiry into the charges
against him and unless the matter is pending before any court, the period of
such suspension shall not exceed sixty days;
Provided that
during the period of such suspension, a worker shall be paid by his employer a subsistence
allowance equivalent to half of his average wages, and dearness allowance and
ad-hoc or interim pay, if any.
(3) An order of
suspension shall be in writing and shall take effect immediately on delivery to
the worker.
(4) In an
enquiry the accused worker may be helped by any person nominated by him who is employed
in the establishment.
(5) If in an
enquiry, any oral evidence is given on behalf of any party, the party against
whom the evidence is given may cross examine the witness.
(6) If, on
enquiry, a worker is found guilty and is punished under section 23 (1), he
shall not be entitled to his wages for any period of suspension but shall be
entitled to the subsistence allowance for such period.
(7) If the
charges against the worker is not proved in the enquiry, he shall be deemed to
have been on duty for the period of suspension for enquiry, if any and shall be
entitled to his wages for such period of suspension and the subsistence
allowance shall be adjusted accordingly.
(8) In cases of
punishment, a copy of the order infliction such punishment shall be supplied to
the worker concerned.
(9) If a worker
refuses to accept any notice, letter, charge-sheet, order or any other document
addressed to him by the employer, it shall be deemed that such notice, letter,
charge-sheet, order or the document has been delivered to him, if a copy of the
same has been exhibited on the notice pored and another copy has been sent to
the address of the worker as available from the records of the employer, by
registered post.
(10) In
awarding punishment, the employer shall take into account the previous record
of the worker concerned, the gravity of the misconduct, and any other that may
exist.
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