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Punishment of worker for Misconduct and its

Proceedings
Report

On

Punishment of Labor for Misconduct and its Proceedings

Prepared By

Md.Yousuf Sikder
ID: 09102119

Prepared For

Md Lutfar Rahman
Course Instructor
HRM 402 – Unionism & Collective Bargaining
Faculty of CBA

IUBAT – International University of Business Agriculture & Technology

March 10, 2011


Letter of Transmittal

March 9, 2011

Md. Lutfar Rhaman


Faculty
CBA- College of Business Administration
IUBAT - International University of Business Agriculture and Technology.

Dear Sir:

It is a great pleasure for me to submit my report on Procedure of punishment under The


Bangladesh labor code, 2006.

It was a great opportunity for me to work on a report on Procedure of Punishment for under
Bangladesh labor code, 2006 to implement the knowledge that I have learned in my academic
career.

I tried my level best to make this report to the required standard. I hope that this report will fulfill
your expectation. I therefore, hope that you would be kind enough to go through this report for
evaluation.

Thanking you,

Yours Sincerely,

Md.Yousuf Sikder
Table of content

Serial No Particular

1. Title Fly

2. Title page

3. Letter of Transmittal

4. Table of content

5. Formal Letter Send to Employee

6. Reply letter from Employee

7. Second letter from HR manager to Employee

8. Letter of appointment of Enquiry officer

9. Findings of Enquiry – Letter send to Employee

10. Enquiry Letter to HR Manager

11. Proceedings of Enquiry

12. Termination Letter to Employee


Formal letter Send to Employee

January23,2011
To
Md.Humayon Kabir
Assistance Quality controller
Quality Controller Department
APS Group.
106, East Faidabad,
Atipara, Dakshinkhan ,
Dhaka, Bangladesh
Subject: Misconduct

Dear Sir,
I would like to inform you that we got order of 10000 pieces of shirts on 5 th January 2011 from
our foreign buyer. But you have delivered to the buyer 9700 pieces now the buyer lodged
complain and demands compensation of the 300 pieces undelivered shirts. It should have been
checked first in the factory why 300 pieces have lost. For your carelessness and without any
follow up this mistake was done. For that reason, the factory will have to bear a great loss.

You are therefore asked to explain within 3(three) days of receipt of this notice why disciplinary
action will not be taken against you for your negligence of duty. Your reply may be in writing or
verbal should be submitted at my office when I shall give you personal hearing.

In the event of your no reply within stipulated time, the matter will be disposed off exparte.

Thanking you,

Md .Yousuf Sikder
HR Manager
APS Group.
Reply Letter from Employee

January26, 2011

To
HR Manager
Quality Controller Department
APS Group.
106, East Faidabad,
Atipara Dakshinkhan.
Dhaka, Bangladesh
Subject: Misconduct

Dear Sir,

I want to inform you that I have received 10000 pieces of shirts on 5 th January 2011 from
purchase department. When I got the pieces I checked all. There was exactly 10000 pieces of
shirts. I have the documents of that. You can check it if require. I did not know anything about
those 300 pieces of shirts that you mentioned in your show cause notice.

I therefore pray and hope that you would be kind enough to consider my situation and justify this
case with evidence.

Thanking you

Md.Humayon Kabir
Assistance Quality controller
APS Group.
Second Letter from HR Manager

January28, 2011
Md.Humayon Kabir
Assistance Quality controller
Quality Controller Department
APS Group.
106, East Faidabad,
Atipara Dakshinkhan.
Dhaka, Bangladesh
Subject: Misconduct

Dear Sir,

You were charged vide my show cause letter dated January 23, 2011 that you had short delivered
300 pieces of shirts from your section and you were asked to explain why disciplinary action will
not be taken against you for your negligence of duty. Your reply to my show cause notice was
received by my office. But authority after going through your reply found the same
unsatisfactory. So the authority wants to conduct an enquiry to justify this case. You will be
given full opportunity to prove yourself innocent.

You are therefore, asked to be present before the enquiry committee with your witnesses, if any,
to prove yourself innocent at my office on February10,2011.Md.Masud Rana, HR Department
will conduct the inquiry. In the event of your absence in the inquiry committee the matter will be
disposed off exparte.

Thanking you

Md .Yousuf Sikder
HR Manager
APS Group.
CC:Notice Board
Letter of appointment of Enquiry officer
January31, 2011

Mr.Masud Rana
Enquiry officer
APS Group.
106, East Faidabad,
Atipara Dakshinkhan,
Dhaka, Bangladesh Enquiry officer

Subject: Appointment of an Enquiry officer

Dear sir,

I am enclosing hear with paper and after document of shoe cause notice ,reply of the notice and
notice for domestic enquiry to the Md.Humayon Kabir for his misconduct as per labor law

You are requested to conduct the domestic enquiry at my office at 10:30am on February 10,
2011 and reported me the outcome immediate after the enquiry

Thanking you

Md .Yousuf Sikder
HR Manager
APS Group.
Findings of Enquiry – Letter send to Employee

February 1, 2011

Md.Humayon Kabir
Assistance Quality controller
Quality Controller Department
APS Group.
106, East Faidabad,
Atipara Dakshinkhan.
Dhaka, Bangladesh
Subject: Enquiry Findings.

Dear Sir,

With reference to the charges brought against you vide our letter dated January 23, 2011 and
your subsequent reply to the charges on January 26, 2011 to be attending enquiry on February
10, 2011 at my office conducted by Md.Masud Rana , Enquiry officer of APS Group.

Please note that enquiry officer found you guilty of misconduct on the charges brought against
you.

In the said enquiry you were given full opportunity to prove yourself not guilty but you have
failed to do so. There were present all the evidences and witnesses to prove who is guilty and
who is not. The cross examination also took place. I have received all the relevant papers that are
discuss in the enquiry proceedings. The enquiry board found you guilty of offences as have been
framed in show cause notice under section 23/24 of “Bangladesh Labor code 2006”. As you were
found guilty as per enquiry report the management will take appropriate action against you.

Under the above circumstance please show extenuating circumstance at an earthiest before I give
you appropriate punishment.

Thanking you

Md.Yousuf Sikder
HR Manager
APS Group.
Enquiry Letter to HR Manager
February 1, 2011

To
HR Manager
Quality Controller Department.
APS Group.
106, East Faidabad,
Atipara Dakshinkhan.
Dhaka, Bangladesh

Subject: Submission of Enquiry report on charges of misconduct against Md .Humayon


Kabir

Dear Sir,

I would like to inform you that I conducted the enquiry on February 10, 2011 against Md
.Humayon Kabir properly. The complain was the stealing 300 pieces of shirts by Md .Humayon
Kabir which is harmful for the company. He was present with his witnesses and he received full
opportunity to defend himself not guilty in the enquiry.

The cross examination was held to find the accurate information. After examining everything the
enquiry board found Md.Humayon Kabir guilty of offences as has been framed in show cause
notice under section 23/24 of “Bangladesh Labor Code 2006”. As he was found guilty in the
enquiry, you may take action against him as per law.

Before enclosing I am attaching proceedings of enquiry with this letter for your kind information
and taking necessary action against Md.Humayon Kabir

Thanking you

Mr.Masud Rana
Enquiry officer
APS Group.
Proceeding of Enquiry
Enquiry proceeding of charges against misconduct (willingly insubordination or disobedience,
whether alone or in combination with others, to any lawful or reasonable order of the superior) of
Md. Humayon Kabir, Assistance Quality controller of APS Group on enquiry done on Md.
Masud Rana(Enquiry in charge) on February 10, 2011 at 10:30 am at H.R. Manager office of
APS Group.

1. Md. Masud Rana:What is your name?


Md.Humayon Kabir:Md.Humayon Kabir

2. Md. Masud Rana:What is your rank?


Md.Humayon Kabir: Assistance Quality Controller

3. Md. Masud Rana:How long do you work in this factory?


Md.Humayon Kabir: For five years

4. Md. Masud Rana: How many pieces of shirts did you get from purchasing department on
January,5?
Md.Humayon Kabir: 10000 pieces of shirts

5. Md. Masud Rana: How many shirts you bring to deliver?


Md.Humayon Kabir: I bring from the store1000 pieces of shirt what I found by
purchasing department.

6. Md. Masud Rana: But the buyer received 9700 shirts so where are the 300 shirt?
Md.Humayon Kabir: I dont know. I bring from the purchasing department with count of
10000 shirts and take those shirts in the store and when I deliver buyer they count 300 shirts
missing .I am not responsible for that 300shirts.

7. Md. Masud Rana: Can you prove it that you are count those item from purchasing
department?
Md.Humayon Kabir: Yes, you can ask my co worker Mr Rakibul Islam who saw count those
shirts and the storekeeper Mr Monir Hossin

8. Md. Masud Rana: What is your name?


Mr Rakibul Islam: Mr Rakibul Islam department of purchasing.

9. Md. Masud Rana:Did you see to count those 10000 pieces of shirt by Md.Humayon Kabir.
Mr Rakibul Islam:Yes ,when Md.Humayon Kabir count those shirt there were 10000 pieces
Of shirt that was delivered by me and this is the slip of the delivery of 10000 pieces
10. Md. Masud Rana: Ok. Thank you Mr Rakibul Islam
Mr Rakibul Islam: You welcome.

11. Md. Masud Rana: What is your name?


Mr.Monir Hossin: My name is Monir Hossin, keeper of the store.

12. Md. Masud Rana: When Md.Humayon Kabir took those 10000 pieces did you see or count
10000 shirts.
Mr.Monir Hossin: Yes, I saw that he bring 10000 pieces of shirt with 100 packets ,each
packets 100 pieces of shirts and he entry those things in the note book here the sleep.

13. Md. Masud Rana: Ok thank Mr.Monir Hossin


Mr.Monir Hossin: Welcome.

Then Md.Masud Rana wanted to ask some important questions to the HR manager:
14. Md. Masud Rana: You complain that Md.Humayon Kabir has stolen 300 pieces of shirts.
Can you prove it?
Md.Yousuf Sikder:Yes,when I am aware of this situation I in vestige the process and found
the proof .Please ask the store keeper and gate man about the matter.

15. Md. Masud Rana:What is your opinion about this case?


Md.Yousuf Sikder: I am sure that Md.Humayon Kabir stole 300 piece of shirt.

16. Md. Masud Rana:How can you be sure about this. Do you have any proof
Md.Yousuf Sikder: Yes, I found 50 piece of shirt in the footpaths beside our company and I
am starching for 250 shirts but I do not know where are that other

17. Md. Masud Rana: How came you find those information?
Md.Yousuf Sikder: I asked the gate keeper and the storekeeper about that problem and the
storekeeper said something else, about Md.Humayon Kabir you ask them.

18. Md. Masud Rana: Thank you, Md.Yousuf Sikder


Md.Yousuf Sikder: You welcome.

19. Md. Masud Rana: What is your name?


Md.Monir Hossin: My name is Md.Monir Hossin.

20. Md. Masud Rana:Tell what else about Md.Humayon Kabir


Md.Monir Hossin: Md.Humayon Kabir is coming to the store and takes 3 packets for the
whashing purpose because those are some defects he told.
21. Md. Masud Rana: And this he get back those 3 lots.
Md.Monir Hossin: No there is no record to bring those packet back.

22. Md. Masud Rana: Thank you, Md.Monir Hossin


Md.Monir Hossin: You welcome.

23. Md. Masud Rana: What is your name?


Md.Abul Kalam: My name is Md.Abul Kalam

24. Md. Masud Rana: Did Md.Humayon Kabir take 3 packs out said?
Md.Abul Kalam: Yes and there is a record to this item

25. Md. Masud Rana: Then when he backs those items?


Md.Abul Kalam: No sir, he did not back that item back

26. Md. Masud Rana: Md.Humayon Kabir Do you have any document from the washing
department about this packet
Md.Yousuf Sikder: Yes, I got to this washing department and they do not have any document
about that packet and this is the recomendath paper by the washing department then, I
become sure Md.Humayon Kabir steal those packet of shirts, and he is responsible for those
missing 300 item.

27. Md. Masud Rana: Now come to the point Md.Humayon Kabir
Md.Humayon Kabir: Yes sir

28. Md. Masud Rana: Do you admit that those claims against you are right, and caused by your
negligence at your work?
Md.Humayon Kabir: I am extremely sorry sir, I am going through some personal
problem,and that is why I did the mistake
.
29. Md. Masud Rana: Okay .Do you have admit that you are guilty?
Md.Humayon Kabir: Sir this is my first mistake and it is my request to the management that
they will consider this, and I promise that it won’t repeat that kind of mistake again.
Termination Letter to Employee
February 11, 2011

Md.Humayon Kabir
Assistance Quality controller
Quality Controller Department
APS Group.
106, East Faidabad,
Atipara Dakshinkhan.
Dhaka, Bangladesh

Subject: On the basis enquiry proceeding HR Manager give Termination letter to


Employee.

Dear Humayon Kabir,

You were charged under appropriate section of Bangladesh Labor Law and were found guilty of
stealing 300 pieces of shirts through formal enquiry proceedings under the “Bangladesh Labor
code 2006”. You did this type of criminal activities before denying my warning not to do this.

This time management will take serious view on your taking bribe which has been proved
beyond doubt in the enquiry and decided to terminate you from your service for your
misconduct.

Hence management hereby terminates you from your service with immediate effect.

You are further ordered to hand over office files and other documents to Mr Saiful Alom, Junior
officer and vacate your house owned by the company that you are occupying as an incident of
your employment with immediate effect.

In the event of your failure to handover office files and vacate company accommodation the
matter will be referred to the law enforce.

Thanking you,

Yours faithfully

Md.Yousuf Sikder
HR Manager
APS Group.

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