United International University

Assignment On

Disciplinary Procedure of Ajinomoto Bangladesh Limited

Submitted to : Abul Has he m Maz umde r

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

Submitted by : Md. Alif Raman K han

Student ID: 913201008

Date : 28th May, 2020

Article 1 (Regulation)

These Regulations set forth polices to be recognized in common among the Ajinomoto Group, which
operates its business globally, for enhancing compliance and corporate governance as well as
promoting fair, transparent and smooth business activities, thereby contributing to sustain and improve
brand value of the Ajinomoto Group.

Article 2 (AGP)

In these Regulations, “ AGP”means Ajinomoto Group Policies established by Ajinomoto Co., Inc.
(hereinafter referred to as “
AJICO”
) which set forth beliefs and behaviors to be committed by each
Ajinomoto Group company and its officers and employees, and which serve as a written pledge to all
of stakeholders of the Ajinomoto Group that we will work earnestly to uphold these beliefs and
behaviors.

AGP consists of basic principles which set forth fundamental and universal beliefs and behaviors
regarding business activities of the Ajinomoto Group (hereinafter referred to as the “
Basic Principles”)
and a series of group shared policies which set forth specific policies complementing each of the Basic
Principles (hereinafter referred to as the “
Group Shared Policies” ).

The established or amended AGP (addition of new Basic Principles and establishment of new Group
Shared Policies are included in the amendment of AGP) shall, under the name of Chief Executive
Officer of AJICO, be promptly delivered to inside and outside of the Ajinomoto Group, including the
Company, in the manners specified by AJICO.

Disciplinary Procedure Policy of Ajinomoto Bangladesh Limited

General Policy:

All Employees of the Company shall conduct themselves in highly professional manner and strictly
follow the Internal Rules and other regulations which shall be circulated by the Company from time to
time. In the situation where an Employee is alleged to have committed misconduct, disciplinary action
may be commenced against such Employee.

2) List of Misconducts:
The following acts shall be treated as misconduct, namely:

(a) Willful disobedience, whether alone or in combination with others to any lawful or reasonable
order of a superior;

(b) Theft, misappropriation, fraud or dishonesty in connection with business or property of the
Company;

(c) Taking or giving bribe or any illegal gratification in connection with his or any other worker's
employment under the Company;

(d) Habitual absence without leave or absence for more than 10 (ten) days at a time without obtaining
leave;

(e) Habitual late attendance;

(f) Habitual breach of any law, rule or regulation applicable to the Company;

(g) Disorderliness, riot, arson, vandalism or breakage in the Company;

(h) Habitual negligence of work;

(i) Habitual breach of any rule relating to employment, including discipline or conduct, approved by
the Chief Inspector;

(j) Altering, falsifying, tampering with, forging, wrongfully changing, damaging or causing loss of
Company’ s official records.

3) Procedure of Punishment: The procedure for conducting disciplinary action and ascertaining
punishment for misconduct is as follows:

(a) Show Cause/Explanation: Any complaint against any Employee shall be made in writing
addressed to the GA Manager. Upon receipt of a written complaint, the GA department shall issue a
show cause notice to the concerned Employee mentioning the charge and the time frame for
submission of written explanation to the GA department. The time issued to the accused Employee for
response shall be no less than 08 (eight) days.

(b) Suspension Pending Inquiry: Any Employee charged for misconduct may be suspended pending
inquiry into the charge against him/her and unless the matter is pending before any court, the period of
such suspension shall not be more than 60 (sixty) days.

The order of such suspension shall be issued in writing and shall be in effect immediately on delivery
to the concerned Employee. During the period of suspension, the Employee shall be entitled to
subsistence allowance and such worker shall also be entitled to all other allowance in full.
(c) Board of Inquiry: Upon receipt of written explanation from the concerned Employee which is not
satisfactory, the Company may form an enquiry committee to make formal enquiry into the matter.
The enquiry committee shall consist of equal numbers of representatives of both the Company and
Employee and shall contain no more than 06 (six) members. The committee may form sub-committee
and the sub- committee will submit report to the enquiry committee for finalization. Subsequently, the
enquiry committee will send the report to the authority for necessary decisions.

The Company or any person deriving authority from the Company shall nominate the employer’ s
representative(s) in the enquiry committee from within the organization. Similarly, the accused
Employee shall nominate the representative(s) from the Employee’ s side from amongst the Employees
of the organization by a written proposal. The accused Employee cannot nominate anyone who works
beneath them. In the event the accused Employee is female, or the complaint is for any offence related
to sexual harassment, the Board of Enquiry must include at least one female member. The authority
may appoint external person to enquire into the matter, if required.

The enquiry shall be completed within 60 (sixty) days.

(d) Hearing: The management shall issue the notice of enquiry to the Employee to hold a hearing of
the case which must specifically state the place, name of committee members, date and time for the
hearing/enquiry and the member’ s right to ask and say anything related to the charges and enquiry,
bring witnesses etc.

The enquiry committee shall call on the accused Employee and read the charges against him/her, issue
Show cause/Explanation letter and state the committee member’ s explanation. The accused Employee
may reply to the questions and may make additional remarks which should be recorded in writing, by
the enquiry committee. The accused Employee has the right to say and ask anything else or to produce
any witness and may be assisted by another Employee of the Company nominated by him/her.

The witness either from the Employee or from the member’ s side, if any, should be examined or cross
examined by the enquiry committee and by the accused Employee. The statement of the witness(s)
should be recorded and the witness must sign the paper on which his/her statement was recorded.

The evidence in support of Show Cause letter and charge(s) brought against the accused Employee are
to be noted.

Upon completion of the hearing, the enquiry committee shall read out the entire hearing in presence of
the accused Employee after which the Employee and the committee members will sign on every page
of the minutes of hearing.
The enquiry committee shall submit their full report on inquiry within 3 (three) days to the
management or anyone nominated by him along with their fact findings, comments and
recommendations. The management shall decide on the appropriate disciplinary procedure to be taken.

In case of punishment, the copy of the order inflicting such punishment shall be provided to the
Employee. On the contrary (i.e. the Employee not found guilty), it will be assumed as if the Employee
were on duty during the period of suspension. He will be entitled to Salary and subsistence allowance
as adjusted.

Dismissal is one of the punishments that can be given to an Employee found guilty of misconduct. In
the light of justifying situations, an Employee may not be dismissed for misconduct but awarded other
punishments which include: removal, demotion to a lower post, scale of pay, grade for not more than
one year, stoppage of promotion or withholding of increment for not exceeding one year, fine,
suspension without Salary, censure/reprimand or warning.

Steps Actions Duration Remarks

Step-1 The allegation against the employee will be in When

written. situation

occurs

Step-2 A copy of the allegation shall be given to himMinimum

and a period of 8 (eight) or more days shall be
given to explain. He is given an opportunity of8 working
being heard. days

Step-3 If his reply is satisfactory the allegation is

deemed to be solved.

Step-4 If his reply is not satisfactory, need to formEnquiry If found him guilty, the
enquiry committee of maximum 6 members.shall beCompany may take highest
The committee shall submit the report to thecompleted punishment decision i.e
Company after enquiry. within 60dismissal
working

days

Step-5 A hearing shall be conducted where the All witness statements and
witnesses shall be examined and cross- evidence shall be duly
examined noted
 Step-6 The enquiry committee shall submit full report Within 3The committee’
s fact
on the enquiry days of thefinding, comments and
hearing recommendations shall also
be included.

Step-7 If found guilty, the Company will approve the If found him guilty,
order of punishment Company may take highest
punishment decision which
is dismissal, or any of the
lower forms of

punishment

Step-8 If found not guilty, it will be assumed as if the The Employee will be
Employee were on duty during the period of entitled to Salary and
suspension. subsistence allowance as
adjusted for

such period.

4) Punishment for Misconduct and Conviction:

(a) Censure or Warning.

(b) Suspension without salary and subsistence allowance for a period not exceeding seven days;

(c) Withholding of increment for a period not exceeding one year;

(d) Removal;

(e) Reduction to a lower post, grade or scale of pay for a period not exceeding one year;

(f) Stoppage of promotion for a period not exceeding one year;

(g) Fine;

(h) Dismissal for misconduct

(i) Dismissal for criminal conviction

(a) Warning: After an Employee is found guilty following the disciplinary procedure, considering
the seriousness of the misconduct, the Company may give oral or written warning to the Employee as
opposed to dismissing him. Oral warning is an action by which the Company provides a verbal

warning to the Employee to prevent future occurrences of a minor infraction or misconduct. When a
Direct Superior has evidence of a minor infraction or misconduct on the part of an Employee, and
provided that such misconduct has been proven by following the full disciplinary procedure, the
following actions may be taken:

- The Direct Superior shall discuss the matter with the Employee, in person and clearly state the
reason for the warning so that the Employee fully understands..

- The oral warning is documented by the Direct Superior and to be retained in the Employee’
s
personnel file in the GA Department.

Written warning is an action by which the Company provides a formal written warning to disapprove
of a specific action or actions by the Employee. A copy of the written warning is to be kept in the
Employee's personnel file. A written warning may be issued for a first-time offense deemed more
serious than those warranting an oral warning, or if an Employee's inappropriate behavior continues
after an oral warning. The following actions may be taken:

- The Direct Superior meets in person with the Employee and clearly states the reason for the
warning so that the Employee fully understands A copy of the warning letter shall be given to the
Employee and another copy shall be placed in the Employee’
s personnel file in the GA Department.

(b) Suspension: If found guilty following disciplinary procedure, considering the seriousness of
misconduct, the Company may suspend an Employee without salary or without subsistence allowance
for a period not exceeding 7 days. Such suspension shall be documented in the Employee’
s personnel
file.

(c) Increment Withholding: If found guilty following disciplinary procedure, considering the
seriousness of misconduct, the Company may withhold increment for a period not exceeding 01 (one)
year.

(d) Removal: In case of removal, the Employee shall be entitled to following payments

· Unpaid salary

· Unpaid overtime, any payment for holiday or off day

· Un enjoyed annual leave

 · Unpaid bonuses

· Provident fund (if any)

· As Compensation 15 days basic salary for each completion of year

(e) Fine: Company may impose fine to Employee for misconduct. The amount of fine shall not
exceed 1/10 of his gross salary.

(f) Dismissal for misconduct or criminal conviction: If an Employee is proven to have committed
misconduct, then the Company may dismiss the Employee without prior notice Dismissal is the
highest punishment. In case of dismissal, the Employee shall be entitled to the following payments:

· Unpaid salary

· Unpaid overtime, any payment for holiday or off day

· Un availed annual leave encashment

· Unpaid bonuses

· Gratuity

· Provident fund (if any)