a4 ihrd-111training outline_how to handle disciplinary proceedings

7/18/2019 A4 IHRD-111Training Outline_How to Handle Disciplinary Proceedings

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A4 Consultants1/13 Iqbal Road (Front House, Ground Floor)Mohammadpur, Dhaka-1207, BangladeshTel: 8802-9121119; Mob: 01819-850239E-mail – [email protected]

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How To Handle Disciplinary Proceedings

(According to the Bangladesh Labour (Amendment) Act, 2013)

Date: Sept 23‐26, 2013 Time:

4:00 PM‐ 8:00 PM

Venue: A4 Consultants’ Training

Facility

Duration: 16 Hours Course Fee: Tk. 7500.00 per

person

Number of Maximum

Participants: 16

Participants Profile: This training program is intended for who:

Human Resources & Administration Professional

Departmental Head/

Branch

In

‐Charge

Mid level Managers

Executives – Legal Affairs

Law Graduates

Skills taught:

Employment status in an Organization

Applicability of specific law for

disciplinary proceedings

Steps of disciplinary proceedings

Legal & mandatory requirements of

disciplinary proceedings

Dealing the disciplinary issues sensitively

Drafting different letters for disciplinary

proceedings

How to conduct domestic enquiry

Art of writing enquiry proceedings

Grievance Handling as per legal requirement

Payment calculation for dismissed worker

Back

wage

calculation

in

case

of

reinstatement against wrongful dismissal

How to handle the disciplinary issues against

management staff

Knowledge Sharing Technique:

Lectures & Discussion

Power point Presentation

Printed Detail Training Materials

Practical Experience Sharing on Disciplinary Proceedings

Discussion on Judicial Case Reference in Bangladeshi Context

Recap and Questions & Answers




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Training Outline

1. Employer-Employee Concept

Concept of EmploymentMaster-Servant relationship

Determination factor of employer &employee relationship

2. Discipline

What is discipline & types of disciplineImportance of discipline

Douglas McGregor’s “Red Hot Stove Rule”

Principles of disciplinary action in industry

Disciplinary authority

Concept of quasi-judicial proceedings

Steps of disciplinary action

3. Misconduct

Misconduct in employmentMinor and grave misconduct

Misconducts at common law

Misconduct according to theBangladesh Labour Act, 2006 &BEPZA Instruction 1, 1989

4. Preliminary Enquiry vis-a-vis Domestic Enquiry

What is it?

Nature & scope

Record of preliminary enquiry is not partor record of regular enquiry

Report and statement in the preliminary

enquiry, when to be supplied to thedelinquent employee

Termination of service on the basis ofthe preliminary report

5. Charge-Sheet For Misconduct

What is it?

Purpose of charge-sheet

Requisites of a valid charge

Who can issue the charge-sheet

Rules of drafting Charge-Sheet

Amendment of the chargeProvisions regarding service/ delivery of thecharge-sheet

Undue delay in issuing Charge-Sheet

Format of Charge-Sheet

6. Suspension

Meaning & kind of Suspension

Statutory provisions

Competent authority

Suspension when effective

Consequences of Suspension

Suspension pending disciplinary &criminal proceedings

Duration of Suspension

Subsistence allowance duringSuspension

Withdrawal of Suspension & itseffect

Format of suspension letter

7. Reply To The Charge-Sheet AndIts Consideration

Statutory provisions

Objective of inviting reply to the charge-sheet

Defences which can be taken up in replyto the charge-sheet

Confession

Effect of no reply to the charge-sheet

8. Enquiry Commit tee, Enquiry Officer &Enquiry Notice

Formation of Enquiry Committee

Selection and appointment of enquiry officer

Role & Function of enquiry officer

Issue of enquiry notice

9. Domestic Enquiry –Principles & Procedure

Concept of Domestic Enquiry

General Principles

Principles of Natural Justice andit’s applicability

Evidence before enquiry officer

Do’s and don’ts of Enquiry

Defects in Enquiry

10. Enqu iry Report

Necessity to give reasoned report

Scope of report

When finding is outside the scope of thecharge

Drafting of enquiry report

Whether the copy of the enquiry reportshould be supplied to the delinquentemployee

Format of enquiry report

11. Awarding Of Punishment

Consideration of the enquiry report by thepunishing authority

What it means in industrial law

Theories of punishment

Doctrine of proportionality & reasonableness

Types of punishment as per statutoryprovisions

Effective date of punishment

Clerical error in drafting the punishment order

Communication of punishment

12. Discipl inary Proceedings InDifferent Scenario

Against the trade union leaders

Pending criminal cases

Pending industrial dispute

During maternity leave

Incidents occurring outside theoffice premises

13. Grievance & Grievance HandlingProcedure

What is a Grievance & GrievanceHandling?

Causes of Grievance & Precautions

Grievance Handling Procedure.

14. Role Of The Labour Office, LabourInspector, Trade Union And LocalLeaders In Disciplinary Matter

15. Discip linary Proceedings Agai nst The ManagementStaff

16. Remedy Against WrongfulDismissal

Reinstatement

Back Wage Calculation

17. Termination Simpliciter

Termination according to the BangladeshLabour Act, 2006 & the BEPZA Instruction,1989

Lifting the veil of the termination order

18. Art of Writing Disciplinary Action Pol icy




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Facilitator’s Profile:

Anisa Khatoon

With MBA from IBA – DU she has 25 years experience in Management, Human Resources, OrganizationalDevelopment & Organizational Review Exercise, Financial Management. She is a veteran HR professionalin Bangladesh who has vast experience in Corporate, INGO and UN organization as a visionary HR Leaderand consultant. As a women entrepreneur she has clear vision about areas of delivering services, is veryfocused and detailed on professional work. The strength of her is that she is very straight forward andextrovert. She always maintains professional ethics.

As an HR professional and HR leader worked in many corporate (Beximco Group, GMG Group, PopularGroup), INGO (CARE Bangladesh) and done the consul tancy work UN Organization and overseas in anINGO. She nurtures herself to be a value centered HR Professional, visionary and women of integrity. Shealways reflects these qualities in her dealings and maintain out most p rofessional ethics.

A. S. M. Zahidul Islam

With LL.B (Hons) & LL.M from University of Chittagong and PGDPM from Bangladesh Institute ofManagement, he has more than 8 years of experience in the area of Legal Issues & HR, Dealing withProblem Employees, Labour & Industrial Laws of Bangladesh and Disciplinary Proceedings in differentOrganizations and also has experience to conduct Departmental/ Domestic Enquiry independently. His indepth knowledge on the subject, relevant topic incorporation and his p resentation skills are the unique ofthis training programme.

Already he led and conducted 9 training programmes where parti cipants came from di fferent corporate,multinational companies, INGOs, Banks, Autonomous Org. and many other private sector organizationsand still participants keep contact with him and seek his advice on any issue related with this subject. He is

very easy access people and ready to help the participants.

Md. Shahnewaz Khan

With LL.B and PGDHRM-IPM he has 13 years experience in Human Resources & Administration with focuson legal issues in different national organization in Garments and Textile sector. He is also an Advocate –Dhaka Judges’ Court.

For registration and other queries, please call : 01819‐850239 or E‐mail – info@a4‐consultants.com

Registration will be done upon submission of complete Training Registration Form along with cheque in favour

of A4

Consultants.

Certificates will be awarded upon successful completion of full course.

a4 ihrd-111training outline_how to handle disciplinary proceedings

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