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A4 Consultants

1/13 Iqbal Road (Front House, Ground Floor) Mohammadpur, Dhaka-1207, Bangladesh Tel: 8802-9121119; Mob: 01819-850239 E-mail info@a4-consultants.com www.a4-consultants.com

How To Handle Disciplinary Proceedings


(According to the Bangladesh Labour (Amendment) Act, 2013)

Date:Sept2326,2013 Duration:16Hours

Time: 4:00PM8:00PM CourseFee:Tk. 7500.00per person

Venue:A4ConsultantsTraining Facility NumberofMaximum Participants:16

ParticipantsProfile:Thistrainingprogramisintendedforwho: HumanResources&AdministrationProfessional DepartmentalHead/BranchInCharge MidlevelManagers ExecutivesLegalAffairs LawGraduates Skillstaught:


EmploymentstatusinanOrganization Applicabilityofspecificlawfor disciplinaryproceedings Stepsofdisciplinaryproceedings Legal&mandatoryrequirementsof disciplinaryproceedings Dealingthedisciplinaryissuessensitively Draftingdifferentlettersfordisciplinary proceedings Howtoconductdomesticenquiry Artofwritingenquiryproceedings GrievanceHandlingasperlegalrequirement Paymentcalculationfordismissedworker Backwagecalculationincaseof reinstatementagainstwrongfuldismissal Howtohandlethedisciplinaryissuesagainst managementstaff

KnowledgeSharingTechnique: Lectures&Discussion PowerpointPresentation PrintedDetailTrainingMaterials PracticalExperienceSharingonDisciplinaryProceedings DiscussiononJudicialCaseReferenceinBangladeshiContext RecapandQuestions&Answers

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A4 Consultants
1/13 Iqbal Road (Front House, Ground Floor) Mohammadpur, Dhaka-1207, Bangladesh Tel: 8802-9121119; Mob: 01819-850239 E-mail info@a4-consultants.com www.a4-consultants.com

TrainingOutline
1. Employer-Employee Concept
Concept of Employment Master-Servant relationship Determination factor of employer & employee relationship

2.

Discipline
What is discipline & types of discipline Importance of discipline Douglas McGregors Red Hot Stove Rule Principles of disciplinary action in industry Disciplinary authority Concept of quasi-judicial proceedings Steps of disciplinary action

3.

Misconduct
Misconduct in employment Minor and grave misconduct Misconducts at common law Misconduct according to the Bangladesh Labour Act, 2006 & BEPZA Instruction 1, 1989

4.

Preliminary Enquiry vis-a-vis Domestic Enquiry


What is it? Nature & scope Record of preliminary enquiry is not part or record of regular enquiry Report and statement in the preliminary enquiry, when to be supplied to the delinquent employee Termination of service on the basis of the preliminary report

5.

Charge-Sheet For Misconduct


What is it? Purpose of charge-sheet Requisites of a valid charge Who can issue the charge-sheet Rules of drafting Charge-Sheet Amendment of the charge Provisions regarding service/ delivery of the charge-sheet Undue delay in issuing Charge-Sheet Format of Charge-Sheet

6.

Suspension
Meaning & kind of Suspension Statutory provisions Competent authority Suspension when effective Consequences of Suspension Suspension pending disciplinary & criminal proceedings Duration of Suspension Subsistence Suspension allowance during

Withdrawal of Suspension & its effect Format of suspension letter

7.

Reply To The Charge-Sheet And Its Consideration


Statutory provisions Objective of inviting reply to the chargesheet Defences which can be taken up in reply to the charge-sheet Confession Effect of no reply to the charge-sheet

8.

Enquiry Committee, Enquiry Officer & Enquiry Notice


Formation of Enquiry Committee Selection and appointment of enquiry officer Role & Function of enquiry officer Issue of enquiry notice

9.

Domestic Enquiry Principles & Procedure


Concept of Domestic Enquiry General Principles Principles of Natural Justice and its applicability Evidence before enquiry officer Dos and donts of Enquiry Defects in Enquiry

10. Enquiry Report


Necessity to give reasoned report Scope of report When finding is outside the scope of the charge Drafting of enquiry report Whether the copy of the enquiry report should be supplied to the delinquent employee Format of enquiry report

11. Awarding Of Punishment


Consideration of the enquiry report by the punishing authority What it means in industrial law Theories of punishment Doctrine of proportionality & reasonableness Types of provisions punishment as per statutory

12. Disciplinary Proceedings In Different Scenario


Against the trade union leaders Pending criminal cases Pending industrial dispute During maternity leave Incidents occurring outside the office premises

Effective date of punishment Clerical error in drafting the punishment order Communication of punishment

13. Grievance & Grievance Handling Procedure


What is a Grievance & Grievance Handling? Causes of Grievance & Precautions Grievance Handling Procedure.

14. Role Of The Labour Office, Labour Inspector, Trade Union And Local Leaders In Disciplinary Matter

15. Disciplinary Proceedings Against The Management Staff

16. Remedy Against Wrongful Dismissal


Reinstatement Back Wage Calculation

17. Termination Simpliciter


Termination according to the Bangladesh Labour Act, 2006 & the BEPZA Instruction, 1989 Lifting the veil of the termination order

18. Art of Writing Disciplinary Action Policy

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A4 Consultants
1/13 Iqbal Road (Front House, Ground Floor) Mohammadpur, Dhaka-1207, Bangladesh Tel: 8802-9121119; Mob: 01819-850239 E-mail info@a4-consultants.com www.a4-consultants.com

FacilitatorsProfile:

AnisaKhatoon
With MBA from IBA DU she has 25 years experience in Management, Human Resources, Organizational Development & Organizational Review Exercise, Financial Management. She is a veteran HR professional in Bangladesh who has vast experience in Corporate, INGO and UN organization as a visionary HR Leader and consultant. As a women entrepreneur she has clear vision about areas of delivering services, is very focused and detailed on professional work. The strength of her is that she is very straight forward and extrovert. She always maintains professional ethics. As an HR professional and HR leader worked in many corporate (Beximco Group, GMG Group, Popular Group), INGO (CARE Bangladesh) and done the consultancy work UN Organization and overseas in an INGO. She nurtures herself to be a value centered HR Professional, visionary and women of integrity. She always reflects these qualities in her dealings and maintain out most professional ethics.

A.S.M.ZahidulIslam
With LL.B (Hons) & LL.M from University of Chittagong and PGDPM from Bangladesh Institute of Management, he has more than 8 years of experience in the area of Legal Issues & HR, Dealing with Problem Employees, Labour & Industrial Laws of Bangladesh and Disciplinary Proceedings in different Organizations and also has experience to conduct Departmental/ Domestic Enquiry independently. His in depth knowledge on the subject, relevant topic incorporation and his presentation skills are the unique of this training programme. Already he led and conducted 9 training programmes where participants came from different corporate, multinational companies, INGOs, Banks, Autonomous Org. and many other private sector organizations and still participants keep contact with him and seek his advice on any issue related with this subject. He is very easy access people and ready to help the participants.

Md.ShahnewazKhan
With LL.B and PGDHRM-IPM he has 13 years experience in Human Resources & Administration with focus on legal issues in different national organization in Garments and Textile sector. He is also an Advocate Dhaka Judges Court.

Forregistrationandotherqueries,pleasecall:01819850239orEmailinfo@a4consultants.com Registration will be done upon submission of complete Training Registration Form along with cheque in favour ofA4Consultants. Certificateswillbeawardeduponsuccessfulcompletionoffullcourse.

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