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UNITED INTERNATIONAL UNIVERSITY

Quiz-1

Course Title: Employee Relations & Employment Laws in Bangladesh

Course Code: 1212

Section: A

Submitted To

Abul Hashem Mazumder

MBA (HRM), PGDHRM(BIM), LLB (NU)

Submitted By

Nazifa Taslima Rafa

ID: 913191055

17th Batch

Date of Submission: 10th June 2020

 1. Mr. Jashim has been working in a Factory as a Machine Operator for the last 26
years and his present age is 55 years. Mr. Jashim applied to go for normal
retirement but management replied him that we cannot allow you to go for
normal retirement as retiring age is 60 years as per BLA, better you can take the
option to resign. In that case Mr. Jashim submitted a grievance petition to the
management. What would be your suggestion to the management in this case?
Please give your reply mentioning relevant section of BLA.

Ans:

In this scenario the suggestion for the management will be accepting the application of Mr.
Jashim’s voluntary retirement with providing all benefits. Because

as per section 2(1) it’s

provided that retirement shall also include voluntary retirement from service on completion of
25 years of service in any establishment. So, as Mr. Jashim has completed 26 years within the
organization as per BLA he qualifies for voluntary retirement.

2. Mr. Awal is working in an NGO which is exempted from Law. After working
one-year Awal would like to encash 50% of his earned leave to meet some family
needs. When he applied, he was told that he cannot claim such facility as per
Labour Law as the organization are exempted from the Law. Then he submitted
a grievance petition to the management to address his case otherwise he will go to
court. Please give your opinion on the case of Mr. Awal whether he can claim the
encashment of EL as per BLA or not with reference to the relevant section of
BLA.

Ans:

According to my opinion Mr. Awal can claim the encashment of EL as per BLA. Because
though his NGO is exempted from BLA but

as per the law of section 3(1) it’s

provided that any establishment may have its own rules regulating employment of workers,
but no such rules shall be less favourable to any worker than the provisions of chapter two.
So, as a result the NGO can’t deny providing leave encashment benefit by showing that they
are exempted from BLA.
 3. Mr. Kalam has been working in your company as a Mechanical Fitter for the last
5 years, his Gross salary is Tk20,000/- and Basic is Tk10,000/-. Recently he has
been issued with a show cause notice with suspension with effect from April 16,
2020 and his suspension pending Inquiry period was continued up to 30 April
2020. In the beginning of May 2020, you need to prepare his salary. What would
be his salary for this suspended period and what would be his gross salary for the
month of April as per provision of the BLA? Please give your reply showing
relevant section of BLA.

Ans:

According to the section 24(2),

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.

In this regard the salary of Mr. Kalam has been calculated according to the BLA section 24(2)
below:

Gross salary – Suspended period’s half of basic salary

=20000tk – ((10000tk / 30days) *15days)/2

=20000tk – 2500tk

=17,500tk

4. Mr. Sujan, one of your Electricians was suspended for a period of 7 days as a
measure of punishment during the month of April 2020 (from 01-07 April 2020).
His gross salary is Tk.22,000/- and Basic 12,000/-. How would you calculate his
salary for the month of April 2020? Please give your reply showing relevant
section of BLA.

Ans:

According to section 23(2f),

Any worker found guilty of misconduct may, instead of being dismissed under sub-section
(1), in consideration of any extenuating circumstances, be awarded ‘’suspension without
wages and subsistence allowance for a period not exceeding seven days’’.
So according to the BLA section 23(2f) Mr. Sujan’s salary calculation for April including 7
days suspension will be:

Gross salary – Suspended period’s full salary

22000Tk – ((12000Tk/30days) * 7days)

=19200Tk

5. Mr. Kamrul, a permanent worker of a company has resigned from service after
working 20 years. While he came to draw the final settlement bill, he saw that as
there is no gratuity scheme, he was not given the gratuity benefit. Only
compensation as per Law was given @ of 30 days basic salary for each completed
year of service. But he was not convinced by the explanation given by the HR
Dept. Consequently, he submitted a grievance petition to the management stating
that as per BLA-2006 he is entitled to the Gratuity, but HR dept. deprived him
from the benefit. In this situation what would be your suggestions to the
management as per BLA-2006.

Ans:

According to the BLA section 27(4b),

Where a permanent worker resigns from his service under this section, he shall be paid by the
employer compensation at the rate of thirty days wages for every completed year of service if
he has completed ten years of continuous service or more; or gratuity, if any, whichever is
higher, in addition to any other benefit to which he may be entitled under this Act.

So here in this section it is clearly mentioned ‘’gratuity, if any’’ which means if the
employer has any gratuity, which also means if the company has a gratuity scheme available
only then Mr. Kamrul who is resigning will be entitled for the gratuity. So, my suggestion for
the management will be supporting the HR dept as the company doesn’t have any gratuity
scheme the employee who has filed a petition will not be entitled for the gratuity hence he
will get all other benefits according to the section 27(4).
 8. Suppose you are working in a manufacturing company as Manager (HR), one
day you have received a serious allegation against one employee and the
allegation was found true through preliminary investigation. Under these
circumstances, management would like to get rid of the employee and instruct
you to release him instantly. Is it possible as per BLA? If it is possible, what is the
procedure? If not, what is the reference of BLA? Please give hour reply showing
specific section of BLA and BLR.

Ans:

Though the employee has been proved guilty in the preliminary investigation, it is not
possible to release the employee instantly because

as per BLA section 23(1b),

Punishment for conviction and misconduct : 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 found guilty of
misconduct under section 24.

So, for dismissing the accused employee we have to prove him guilty according the BLA
section 24 procedure first.

As per the BLA section 24(1),

Procedure for punishment. – 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

For dismissal of the employee we must have to follow the above procedure of punishment or
else we can’t dismiss the employee on preliminary enquiry basis.