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Industrial Discipline and Disciplinary Proceedings Mechanism in Industry in Bangladesh

Global Disclosure of Economics and Business

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Title Industrial Discipline and Disciplinary Proceedings Mechanism in Industry in Bangladesh
 
Creator Hasina, Nusrat
Islam, A. S. M. Zahidul
 
Subject misconduct, conduct disciplinary authority, preliminary enquiry, charge-sheet Suspension, defenses, discipline, disciplinary action, punishment
 
Description Industrial Law, though it has grown prolific in recent years, lacks in one vital aspect, that is, it has no clear and understandable disciplinary procedure. Disciplinary action can be taken by the employer against an employee committing any misconduct mentioned in the statutory law and punishment can be awarded as deemed suitable in the circumstances of the case after making an enquiry as may be necessary. But principles of disciplinary action is not laid down anywhere in any enactment or any other rules framed so far. The result is that each employer has his own idea of discipline and his own method of its enforcement. Since so uniform guidelines of discipline exist in industrial law, an employer even though he wishes to be fair to the delinquent employee, often commits procedural errors which is natural in the absence of such guiding rules. This paper aims to improve our understanding the gap between existing law and real scenario relating to industrial discipline and disciplinary proceedings mechanism in industry inBangladesh. This lacuna has, however, been made good by judicial pronouncement dealing with every aspect of disciplinary events in the industry. A domestic enquiry is based mainly on the principles of natural justice and procedure laid down by various decisions of theApex Courtwhich now provide for guiding principles in disciplinary action in industrial concerns.JEL Classification Code: K3 Handle: http://hdl.handle.net/20.500.11903/gdeb.v4n2.5 
 
Publisher i-Proclaim
 
Contributor
 
Date 2015-12-07
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier http://i-proclaim.my/archive/index.php/gdeb/article/view/88
 
Source Global Disclosure of Economics and Business; Vol 4, No 2 (2015): 8th Issue; 123-136
2307-9592
2305-9168
 
Language eng
 
Relation http://i-proclaim.my/archive/index.php/gdeb/article/view/88/87
 
Rights Copyright (c) 2016 Nusrat Hasina, A. S. M. Zahidul Islam
http://creativecommons.org/licenses/by-nc/4.0