A worker was charge sheeted for misconduct asks to reply within two days of the receipt of the

same. Just on receipt of a reply the employer dismissed the worker .discussed the legality of the
employer

solution

In this case a worker is dismissed for his misconduct. The case is under Bangladesh Labour Act
2006, capter 2 section 23 & 24.Under the Bangladesh Labor Law Section 24 “Procedure for
Punishment” the dismissal of the worker by the employer with two days’ notice is illegal. Section
24 (1) declared that, No order of punishment under section 23 shall be made against a worker
unless- (a) the allegation against him is recorded in writing; (b) he is given a copy of the
allegation and a period of at least 7 (seven) days is given to explain; (c) he is given an
opportunity of being heard; (d) he is found guilty after an enquiry made by the enquiry
committee consisting of equal number of representatives of the employer and the worker:
Provided that such enquiry shall be concluded within 60 (sixty) days.] (e) the employer or the
manager approves the order of dismissal. Here, the worker was dismissed by the employer with
two days’ notice for his misconduct. But the Section 24 (1) has described a procedure for
punishment for misconduct which is not followed by the employer where employer have to give
not less than seven days and need an investigation to prove him guilty . So, according to Section
24 of the Bangladesh Labor Law-2006 the dismissal of the worker by the employer for his
misconduct is not legal. The workman kept under suspension and subsequently dismissed with
retro spective effect. [1994 PLC 289] There is another way of treating the employee under
section 23(2) (2) A worker found guilty of misconduct may, instead of being dismissed under
sub-section (1), under 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 1 (one) year; (c) Stoppage of promotion for a period not exceeding 1 (one)
year; (d) Withholding of increment for a period not exceeding 1 (one) year; (e) Fine; (f)
Suspension without wages orwithout subsistence allowance fora period not exceeding 7 (seven)
days;