Assignment on

Employee Relation and Employment Laws in Bangladesh

Submitted To

Abul Hashem Mazumder

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

Fellow & Treasurer, BSHRM

Submitted By

MD. Alif Rahman Khan

PGDHRM, 20th Batch

Student Id: 913201008

Contact No: 01672-293661

Date: 16th June, 2020

Question-1

Mr. Farid has been working in a Factory as a worker with effect from January 01, 2010 His
present Gross salary is Tk.25,000.00 and Basic is Tk.13,000.00. Besides gratuity scheme, Group
Insurance policy is also there under which dependents of employees are entitled to 36 months
basic salary in case of death. Unfortunately, Mr. Farid met with an accident on 3rd February
2020. while he was on duty and was cured after two months of continuous treatment. But after
three months from the day his accident, he expired and it has been detected that the reason for
his death was the injury of his above-mentioned accident at his workplace. Please give your
opinion. whether he is entitled for death benefit and other benefits admissible as per BLA or not.
If yes, what would be his total financial benefit? Please give your reply mentioning specific
sections of BLA. Marks – 06

Answer: In this scenario Mr. Farid gross salary is 25000 taka and basic salary is 13000 Taka. As per
the above scenario Mr. Farid had died because of that accident, which happened on his duty hours. Mr.
Farid served that company more than 10 years. So as per BLA-2006 under Sec-19 Mr. Farid has entitled
for death benefit. Because in Sec-19 clearly mentioned that any employee can entitled for death benefit
if he worked under an employer at least 2 years. Mr. Farid’s financial calculation are given below.

Mr. Farid Financial Amount Calculation

17 Jun 2020
Employee Name: Mr. Farid
Department: Factory
Service Length: 10 years 2 months
Last month gross salary in 25,000
BDT
Last month basic salary in 13,000
BDT

Payment Details
Particulars Amount in BDT Remarks
Payments:
Death benefit 195,000 45 days basic salary for each completed year
Termination Benefit (Notice Pay)
Group Insurance Policy 468,000 36 months basic
Leave encashment
Other (if any)
Total Payment 663,000
Grand Total 663,000
Question 2 (a):

Mr. Masud was employed in an organization on probation for six months. But service of
Mr. Masud was neither confirmed by the management nor his probation period was
extended. After working for 06 (six) months, 2 days, management has decided not to
confirm his service due to poor performance. What is the provision of BLA in this
respect? Please give your reply showing specific section of BLA. Marks - 03

Answer: As per my opinion, I this scenario, Mr. Masud has already completed his probation period for
6 months 2 days. And as we all know that, as per BLA -2006 under Sec-4 (8), clearly mentioned that,
any worker who has successfully completed his 6-month probation can be treated as permanent
employee as per Sec-4 (7). It doesn’t matter whether he receives a confirmation letter or not. After
completion of his 6-month work period successfully he will consider as a permanent worker in that
organization.

Question 2 (b):

Mr. Abdul Kuddus has been working in a company as an Air Condition Technician. It has
been reported that one AC of the company has been damaged due to his negligence of
duty. As a result, management has decided to fine him Tk.20,000/- which will be
adjusted from his salary @ Tk.1000/- per month. Can management do such a fine to the
employees? If the answer is yes giving your logic as per provision of BLA and if no what is
the procedure to compensate the amount from the employee. Pls give your opinion
showing the relevant section of BLA. Marks -03

Answer: In this scenario, Mr. Abdul Kuddus gross salary is 20,000 Tk per month; and per month
basic is 10,000 Taka. Management has decided to impose fine 20,000 Taka to recover the damage. And
to collect that money, management has decided to deduct 1000 taka per month from his salary. As an
BLA-2006 practitioner I am totally disagree with this scenario. It’s a direct violation of BLA-2006. As
per BLA-2006, Sec-25, clearly mentioned that, if management wants to imposed fine any employee,
then that amount shall not exceed the amount of his (one-tenth) wages. That means the fine amount
should not exceed (𝟏𝟎, 𝟎𝟎𝟎 ÷ 𝟏𝟎) = 𝟏𝟎𝟎𝟎 taka. Also mentioned that no fine amount shall be deduct
on instalment basis or after expire the 60 days from the date of the fine was imposed.

In addition, the fine shall be counted as imposed on the day of the offense took place. Even all fine
amount recorded by a register and only use for the welfare of the workers in that organization.
Question 3 (a):

Mr. Minhaz has been working in a company as Press Operator for the last 9 yrs. On being
received a complaint against him about serious misbehaviour with his boss, he was issued with a
show cause notice and accordingly, he admitted his guilt in writing. Since he confessed his guilt
in writing, he was dismissed from the service. On receiving the dismissal letter, he submitted a
grievance petition to the management that HR dept. dismissed him illegally. What do you think,
the petition submitted by Mr. Minhaz is legal or illegal as per BLA. What is the procedure to
dismiss a worker? Give your reply showing relevant sections of BLA. Marks -03

Answer: In this scenario Mr. Minhaz was issued a show cause notice because he made serious
misbehave with his superior. At this point his superior issued a show cause notice which is totally legal
as per BLA-2006, Under Sec-23, 4(a). Because it’s a wilful disobedience. After that Mr. Minhaz
confessed his guilt in writing by replying the show cause. After receiving his confession letter employer
dismissed him from his service which is also legal as per BLA-2006, Under Sec-23, (b). So as per my
opinion, employers maintain all the procedure before dismiss him from the service as per BLA-2006,
Under Sec-24. In this case, employers provide him a show cause letter and give him an opportunity to
reply as per his opinion, however, Mr. Minhaz accept his guilt in writing. That’s why no need to
maintain any other procedures as per Sec-24. However, employer can provide him any other minor
punishments based on his previous service record. So, its totally legal to dismiss him.

Now second point is weather Mr. Minhaz can submit a grievance petition or not. Well as per BLA-
2006, Under Sec-33, Mr. Minhaz can submit a grievance petition. However, he needs to submit a
complaint against this decision to management first (Sec-33, 2) within 30 days, if management unable
to solve this issue, only then he will submit a petition to the court. (Sec-33, 3).

Question 3 (b):

Mr Karim has been working as a temporary worker for a period of 3 years contract. After
working 2.5 yrs. Mr. Karim has been terminated by the management without giving any notice
period or payment in lieu of notice. On receiving the termination letter Mr. Karim submitted a
grievance petition to the management claiming 120 days basic salary in lieu of his notice and
compensation @ of 30 days basic salary. In this context management wants to have your opinion
on this issue. Please give a reply mentioning the specific

sections of BLA. Marks – 03

Answer: In this above scenario Mr. Karim was appointed by the Management as a Temporary worker
and Management wants to terminate him before completing his contract period. Before giving my
opinion in the above scenario, we need to consider 4 points,

➢ Who is a Temporary worker?

➢ His nature of job.
➢ Notice period for Temporary workers.
➢ Termination benefit for Temporary workers.

So as per BLA-2006 under Sec-4 (5), a Temporary worker is a worker, who works in an establishment
for a temporary nature and his job will be finished within a limited period. That means he is not a
permanent worker and he will never get any termination benefit like as a permanent worker. However,
as per BLA-2006, Sec-26 (2), clearly mentioned that an employer may terminate any temporary worker
by giving him 30 days’ notice if he is a monthly rated worker and 14 days for other related worker.
Noted that, employers can only terminate him if the work he hired for, is completed, cessation, abolition
or discontinuance.

So, after Overall discussion we found that Mr. Karim will not receive any termination benefit as like as
a permanent worker. Because the nature of his job was temporary, even he joined in that organization
as a temporary worker based on a contract.

Question -4 (a):

Mr. Shahidul Islam is working as a worker in your Factory and his gross salary is 20,000, basic
salary is Tk.10,000, and total service length is 11 years one month 19 days. He was issued with a
show cause notice for misconduct and after enquiry he was found guilty of the charges. After the
Inquiry, it is assumed by the worker that he is going be dismissed from service, so he submitted a
resignation to the management. In this context management would like to have your opinion on
the following issues:

(i) Whether his resignation can be accepted at this stage.

(ii) If the resignation is accepted what would be his financial benefit.

Please note that though there is a group life insurance policy for the workers (30 month’s basic
salary) but no gratuity scheme is there in the company and Mr. Shahidul Islam has 33 days
Annual Leave at his credit balance including 19 days pending salary for the last month. Marks -
04
Answer: - In this case Mr. Shahidul Islam working for a factory department 11 years, 1 month and 19
days. However, recently he was issued with a show cause letter and management follow all the
disciplinary procedure as per Sec-24, and found him guilty. After the inquire session the worker
assumed that he will be dismissed from the service as a punishment, because he found guilty. However,
management didn’t take any decision yet, weather they dismiss him or provide any light punishment.
That means procedure didn’t complete yet. So, in my opinion, management will not accept his
resignation letter. Now there is a question about his financial calculation. Management will not accept
his resignation letter, that means they can not calculate his financial amount as per employee termination
procedure. So, we need to think, in disciplinary inquire Mr. Shahidul found guilty, as per disciplinary
procedure we assume that he will be dismissed from his service. So, we can calculate his financial
amount as per dismissal from the service procedure. Mr. Shahidul will get

➢ Un-paid Salary
➢ Annual Leave Payment (Sec-11)
➢ Group Insurance Policy Amount

Mr. Shahidul Financial Amount Calculation

16 Jun 2020
Employee Name: shahidul Alom
Department: Factory
Service Length: 11 years 1 month 19 days
Last month gross salary in 20,000
BDT
Last month basic salary in 10,000
BDT

Payment Details
Particulars Amount in BDT Remarks
Payments:
Current Month Salary 6,333 19 days basic salary
Termination Benefit (Notice Pay)
Group Insurance Policy 300,000 30 months
Leave encashment 22,000 33 days annual leave
Other (if any)
Total Payment 328,333
Grand Total 328,333
Question-4 (b):

Mr. Anwar Uddin has been working in a factory for the last 4.5 yrs. His gross salary was 16,000
taka and basic salary was 8,000 taka per month. Recently he has been found guilty of misconduct
by the Inquiry Committee for an allegation brought against him. In this circumstance, he has
been removed from the service without any compensation or gratuity. On receiving the letter
from the management, he submitted a petition claiming compensation @ 30 days basic salary for
each completed year of service. In this context, management would like to have your opinion
about his entitlement and calculation of total financial involvement. Marks -03.

Answer: In this scenario Mr. Anower found guilty and removed from the service as a measure of
punishment as per follow all procedure under Sec-23,24. As per BLA-2006 management has the right
to remove anyone from the service as a measure of punishment after following all the procedure.
However, removal is a lighter punishment, so management need to provide all the benefits mentioned
in BLA-2006, Sec-23, (3). He will get 15 days basic salary for the completion of every year. So financial
benefit will be.

Mr. Anower Financial Amount Calculation

17 Jun 2020
Employee Name: Mr. Anower
Department: Factory
Service Length: 4 years 5 month
Last month gross salary in BDT 16,000

Last month basic salary in BDT 8,000

Payment Details
Particulars Amount in BDT Remarks
Payments:
Current Month Salary Didn't mention separation date
Removal Amount (Benefit) 16,000 4.5 years
Group Insurance Policy
Leave encashment
Other (if any)
Total Payment 16,000
Grand Total 16,000

Note: He will get 15 days basic salary only, for every completed year.