Bangladesh has been an active Member State of the ILO since 1972 and to date, has ratified 35

ILO Conventions including seven of eight fundamental Conventions of the ILO. The Government
has amended the Bangladesh Labour Act 2006 (the Act) in 2013 to make it more in line with the
ILO conventions.

An employer may dismiss a worker under section 23 read with section 24 of the Labour Act if the
worker has been convicted of any criminal offence or if the worker has been found guilty of
misconduct.

Further, under section 26, a worker may be terminated from employment without any cause, by
giving the prescribed notice or pay in lieu.

section 26 of the Act empowers the employer to terminate a worker at any time without showing
any cause. In the case of termination under section 26 of the Act, a permanent worker is entitled to
some service benefits.

If a worker is dismissed for misconduct on account of theft, misappropriation, fraud or dishonesty

in connection with the business or property of the employer, or disorderliness, riot, arson or
breakage in the establishment, he or she is not entitled to any compensation for the dismissal. If a
worker who has been in continuous service for at least one year, under extenuating circumstances,
is removed, instead of being dismissed for criminal conduct or misconduct, he or she will be
entitled to compensation of 15 days’ wages for every completed year of service, under section
23(3) of the Labour Act. However, a dismissed worker shall be entitled to other benefits under the
Labour Act, as applicable (such as provident fund, workers’ profit participation fund and welfare
fund).

If a permanent worker’s employment is terminated under section 26 of the Labour Act, he or she
will be entitled to compensation of 30 days’ wages for every completed year of service or gratuity
(if any), whichever is higher, in addition to any other benefit payable under the Labour Act, as
applicable (such as provident fund, etc), under section 26(4) of the Labour Act.

For dismissal of a worker (and employee) for an alleged misconduct, a formal charge has to
be raised against the individual concerned, enquiry has to be completed, and the allegation
has to be proved beyond doubt. If those processes are not followed properly, then, the act of
dismissal shall stand to be the subject matter of challenge (by the respective arrived person).

As Section 24(1)(d) of the Bangladesh Labour Act, 2006 prescribes- the allegation of
misconduct shall be enquired by a committee comprising of equal members nominated by
the management and the accused worker concerned. The enquiry shall be completed within
60 days from the day of raising the charge.

Are there any procedural requirements for dismissing an employee?

Section 24 of the Labour Act prescribes the procedure for dismissing a worker, which requires
providing the allegation to him or her in writing and giving the opportunity for a hearing.
However, no prior approval from a government agency is required by law.
Section 26 of the Act provides a monthly rated worker is entitled to get four months basic salary.
Every employer shall be liable to pay to workers employed by him all wages required to be paid
under section 121 of the Act. Under section 123(2) of the Act all wages payable to a worker shall
be paid before the expiry of the thirtieth working day following the day termination of their
employment.

A worker is entitled to get maternity leave, weekly holiday, casual leave, sick leave and annual
leave with full wages under sections 46, 103, 115, 116 and 117 of the Act, and according to
section 11, the employer shall pay wages to the worker in lieu of the un-availed leave. As gratuity,
a worker is entitled as termination benefit under section 2(10) the wages of at least 30 days for
every completed year of their service exceeding 06 months or, the wages of 45 days for every
completed year in case of service more than 10 years.

A worker, who is a member of any Provident Fund, under section 29, is entitled to get benefit
from such Fund including the employer's contribution and, he shall not be deprived of such benefit
due to termination. Rights Advocacy
Unjustified termination of workers

MR. Ahmed (pseudonym), started his career with one of the renowned real estate companies in
the Dhaka. After 21 years of continuing service, the company terminated him from his service
with immediate effect without any prior notice. Finding no other option Mr. Ahmed contacts with
a lawyer to get his termination benefits and now his case in pending before the Labour Court,
Dhaka. This is the common scenario of the employment sector of Bangladesh.

Bangladesh has been an active Member State of the ILO since 1972 and to date, has ratified 35
ILO Conventions including seven of eight fundamental Conventions of the ILO. The Government
has amended the Bangladesh Labour Act 2006 (the Act) in 2013 to make it more in line with the
ILO conventions.

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Still there are provisions in the Act against the right of the labour which creates enormous
criticism. For instance, section 26 of the Act empowers the employer to terminate a worker at any
time without showing any cause.

In the case of termination under section 26 of the Act, a permanent worker is entitled to some
service benefits.

Section 26 of the Act provides a monthly rated worker is entitled to get four months basic salary.
Every employer shall be liable to pay to workers employed by him all wages required to be paid
under section 121 of the Act. Under section 123(2) of the Act all wages payable to a worker shall
be paid before the expiry of the thirtieth working day following the day termination of their
employment.

A worker is entitled to get maternity leave, weekly holiday, casual leave, sick leave and annual
leave with full wages under sections 46, 103, 115, 116 and 117 of the Act, and according to
section 11, the employer shall pay wages to the worker in lieu of the un-availed leave. As gratuity,
a worker is entitled as termination benefit under section 2(10) the wages of at least 30 days for
 every completed year of their service exceeding 06 months or, the wages of 45 days for every
completed year in case of service more than 10 years.

A worker, who is a member of any Provident Fund, under section 29, is entitled to get benefit
from such Fund including the employer's contribution and, he shall not be deprived of such benefit
due to termination. As per section 232, a worker is entitled to get in equal proportion of the profit
of the company, and under section 242(3), if the service of a worker is terminated, , he shall be as
per with a beneficiary who retires from the service of a company.

Under sections 30 and 123(2) all amounts including wages due to the worker shall be paid by the
appointing authority within a maximum period of 30 working days following the date of cessation
of employment.

Any worker, terminated from employment, and aggrieved by the termination, under section 33(1),
should send their complaint in writing to their employer within 30 days of being informed of the
cause of such complaint. The employer under section 33(2) of the Act shall communicate their
decision to the worker within 30 days of receipt of the complaint, and the worker, if aggrieved
with the decision; under section 33(3) within 30 days, may submit a complaint to the Labour
Court.

There are many fair and legal reasons for an employee’s summary dismissal. They include, but are
not limited to:

 Attending work while under the influence of alcohol, drugs, or other substances
 Seriously disregarding health and safety regulations
 Performing acts of discrimination, harassment, or violence against another employee, a client, or a
customer
 Damaging company property
 Stealing sensitive corporate, client, or customer information or data
 Starting a competing business
 Being dishonest or committing theft, bribery, fraud, or sabotage for or against the company
 Substantial insubordination

Other behaviours that may constitute a fair reason for summary dismissal include, but are not
limited to:

 Disregarding software security protocols

 Tarnishing the reputation of the employer

When Is Summary Dismissal Unlawful?

When a summary dismissal is not triggered by gross misconduct, it may be unlawful. Types of
behaviors that are unlikely to be considered lawful for summary dismissal include:

 Regularly showing up to work late

 Having too many absences
 Not taking care of personal hygiene needs
 Having a distracting personal appearance
 Performing substandard work
Here are the steps for proceeding with a summary dismissal:

1. State your intention to issue a summary dismissal to a specific employee.

2. Gather evidence of gross misconduct.
3. Get statements from any witnesses.
4. Ask the employee to attend a disciplinary hearing. Be sure an HR rep and/or union official is
also present.
5. Allow the employee to give a rebuttal.
6. Make a final decision on whether or not the employee should be immediately terminated.
7. Prepare and give a formal letter of termination that confirms the summary dismissal. It should
include the reason for the termination, prior warnings and disciplinary actions (if any), the
legal basis of gross misconduct, the termination date, and the right to appeal.

Following these steps will help you avoid some of the risks associated with summary dismissals.
The two biggest risks include data security issues for both the employer and the dismissed
employee, as well as an unfair or wrongful dismissal claim against the employer.