Punishment For Misconduct(section-23)

Punishment for employee misconduct and conviction -Section 23, Bangladesh Labor Act 2006:

(1) Notwithstanding anything elsewhere in this Act regarding lay-off, retrenchment, discharge, and termination of employment, a worker may be dismissed from service without notice or without wages instead of notice, if he (a) is convicted of a criminal offence; or (b) is found guilty of misconduct under Section 24.

 (2) A worker found guilty of misconduct under sub-section (1) may, instead of being dismissed from service under that sub-section, be awarded, in consideration of special circumstances, any of the following punishments, namely: (a) Removal; (b) Reduction to a lower post, grade, or scale of pay for a period not exceeding one year; (c) Stoppage of promotion for a period not exceeding one year; (d) Withholding of increment for a period not exceeding one year; (e) Fine; (f) Temporary suspension without wages or subsistence allowance for a period not exceeding seven days; (g) Censure and warning.

 1[(3) If any worker removed under sub-section (2)(a) has completed continuous service of not less than one year, the employer shall pay him, as compensation, 15 days' wages for every completed year of service: Provided that, no worker shall be entitled to any compensation if he is dismissed for misconduct under sub-section (4)(kha) and (SA). However, in such a case, the concerned worker shall receive his other lawful dues in the usual manner.

 (4) The following acts shall be treated as misconduct, namely: (a) Willful insubordination or disobedience, whether alone or in combination with others, to any lawful or reasonable order of a superior; (b) Theft, embezzlement, fraud, or dishonesty in connection with the employer's business or property; (c) Giving or taking of bribes or any illegal gratification in connection with his or any other worker's employment under the employer; (d) Habitual absence without leave or absence without leave for more than ten days at a time; (e) Habitual late attendance; (f) Habitual breach of any law, rule, or regulation applicable to the establishment; 2[(q) Riotous or disorderly behavior, violence, arson, or sabotage within the establishment (r) Habitual negligence in work; (s) Habitual breach of any rule relating to employment, discipline, or conduct, approved by the Chief Inspector; (t) Mutilation, falsification, wrongful alteration, damage, or causing loss to the employer's official records.

 (5) If any worker dismissed under sub-section (1)(a) is acquitted on appeal, he shall be reinstated in his former post or shall be appointed to a new suitable post. If none of these options is possible, he shall be paid compensation at the same rate as is payable to a discharged worker; however, the amount of compensation already received by him due to the dismissal shall be deducted from this amount.