Jagannath University

Department of Land Management and Law

Faculty of Law

Assignment on:
Section 2(39), 23 and 24 of the Bangladesh Labour Act, 2006

Prepared for:
Nasrin Akter
Lecturer
Department of Land Management and Law
Jagannath University

Prepared by:
Team Sher-E-Bangla (Group 7)

Date of Submission: 05.04.2022

List of Members

No. Name Student ID

01 Shahrul Islam Ummy B170502016
02 Purnima Rani Das B190502005
03 Mst. Earun Nesa B190502006
04 Aneka Tabasum Oishe B190502014
05 Shafiul Islam B190502019
06 Halima Hima B190502020
07 Utsab Chowdhury B190502022
08 Md. Samiul Akon B190502023
09 Imam Hasan B190502026
10 Al Fahad Shimon B190502036
11 Maliha Afrin Lamia B190502059
 Section- 2(39), 23 and 24 of the Bangladesh Labour Act, 2006:
Section- 2(39) Misconduct by worker

Get out!! Dismissed by employer

“Dismissal” means the termination of service of a worker by the employer for misconduct.

Section- 23 Punishment for misconduct and conviction

For One year

23(1)No matter what is said about Removal
in the lower Censure and
lay off, retrenchment, discharge
post, grade or warning
and termination of employment, a
scale.
worker can be dismissed without
notice or without pay.
23(2) A worker
Stoppage of may be awarded Suspension
promotion any of the following without
for 1 year punishments, wages for 7
namely days
Convicted of any Found guilty of
criminal offence misconduct under
section 24 Withholding
of increment Fine
for 1 year
 23(3) A dismissed worker shall be paid by the employer as
Worker will not receive any compensation if he is
compensation 15 days wages for every completed year of his
dismissed for misconduct under 4(b)(g).
service, if the worker worked for more than 1 year.

Willful disobedience, weather

alone or in combination with
others to any lawful or
reasonable order of a superior.

Theft, fraud or dishonesty Altering, forging, wrongfully

in connection with business changing, damaging or causing
or property of the employer lose to employer's official records.

Habitual breach of any rule

Taking or giving bribe in connection 23(4) The relating to employment,
with his or any other worker's including discipline or conduct,
following acts
employment under the employer approved by the chief
shall be treated
as misconduct, inspectorLatwring, forging,
Habitual absence without leave or namely wrongfullyin work
Habitual negligence
absence for more than 10 days at
a time without obtaining leave

Habitual late attendance Disorder lines , riot, arson or

breakage in the establishment
Habitual breach of
any law or rule or
regulation applicable
to the establishment

23(5) If the dismissed worker is dismissed an appeal under sub-section 1, he must be reinstated in the previous
post, or reassigned to a new post, and if neither is possible, the employer must compensate the discharged worker
at the same rate as their compensation, compensation money already received due to dismissal will be deducted
from it.
Section-24 Procedure for Punishment

24(1) No order of
punishment under section
23 shall be made against a
worker unless

The A copy of the He is given After The employer

allegation allegation is an or the manager
investigation,
against him given and 7 opportunity approves the
he was found
is recorded days is given of being guilty order of
in writing. to explain. hard dismissal

24(2) Any worker accused of misconduct can be dismissed subject to

investigation. Unless the matter is pending in the court. The period of dismissal
shall not exceed 60 days.
Provided that during the period of such suspension, a worker shall be paid by
his employer subsistence allowance and he shall get other allowances in full

24(3) An order of suspension shall be in writing and shall take effect

immediately on delivery to the worker.

24(4) In an enquiry, the accused worker may be assisted by any person

employed in his establishment and nominated by him.

24(5) If in an enquiry, any oral evidence is given by any party, the person
against whom such evidence is given may be cross examine the witness.
 24(6) If, on enquiry, a worker is found guilty and is punished under
section 23(1), he shall not be entitled to his wages for the period of
suspension, but he shall be entitled to the subsistence allowance for such
period.

24(7) If, on enquiry the charge against the worker is not proved, he shall
be deemed to have been on duty in the period of suspension and shall be
paid his wages for such period with adjustment of the subsistence
allowance already paid.

24(8) In case of awarding punishment, a copy of the order of

punishment shall be supplied to the worker concerned.

24(9) If a worker refuses to accept any notice, letter, statement of

allegation, order sent to him by the employer, it shall be understood to
have been delivered to him, if a copy thereof is exhibited on the notice
board and another copy is sent by registered post to the address of the
worker obtained from the records of the employer.

24(10) In awarding punishment the employer shall take into account

the previous record of the worker concerned, the importance of the
offence, credit and contribution during service and existing any other
special circumstances.