Subject: Terms of Reference (TOR) of the Disciplinary Committee
1.0 Preamble
1.1 A disciplinary situation is a situation where breaches of rules and code of conduct
(behavior or discipline) are corrected or punished while disciplinary action means responding to
an employee’s/ consultant’s misconduct, unsatisfactory performance and breaking of rules at
work.
1.2 By accepting an appointment with BSH an employee agrees to work in a responsible,
disciplined, harmonious and productive manner and to be loyal of the organization’s objectives.
Similarly, a consultant under agreement with BSH to discharge his duties and is responsible for
clinical consultation and practices in the hospital through fees for sharing for the patients and
staff of hospital.
1.3 Any act of misconduct or violation of organizational code of conduct is liable with the
disciplinary guidelines and of disciplinary action depending upon the gravity of offence.
1.4 As per Standard Operating Policies and Procedures (SOPP) of BSH, currently HRA
department is only involved and responsibility for administering of all disciplinary actions in
cases of employees of BSH only.
1.5 The disciplinary Committee should deal with the disciplinary actions for managing
unwanted behavior and misconduct in the clinical services in BSH in case of the consultants.
1.6 The primary goal of disciplinary action is not to punish the employee/ consultant.
Disciplinary action is a corrective measure and a company takes when an employee/ consultant
will fail to meet performance expectation or behavioral requirements set by the organization.
2.0 TOR:
The TOR of the disciplinary committee will be as per following:
2.1 Objective
1. To promote and maintain workplace discipline and integrity.
2. To ensure fair and impartial treatment in cases of alleged misconduct or violation of
rules.
3. To provide a clear process for managing disciplinary issues.
4. To protect the rights of all employees and the consultant as relevant.
2.2 Scope of the Policy
This policy applies to all employees, including permanent, contractual, and temporary staff,
across all levels of the organization and also the consultant who undertakes consultation and
clinical practice in the hospital.
2.3 Areas of disciplinary action
1. Professional incompetence
2. Misconduct
3. Indiscipline
4. Sexual harassment
5. Discrimination
6. Absenteeism issue
7. Work performance
8. Safety violation
9. Legal violation
10. Bullying in the workplace
11. Tardiness
2.4 Disciplinary Committee
2.4.1 Committee members
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2.4.2 Committee responsibilities
1. Receive and review complaints against the consultants regarding their
performance and violation of the code of conduct and behavioral problems from the
patient or patient party or management or other process like, media.
2. Receive and review recommendations of the HR department on the complaints
regarding misconduct or violations of staff / employee of BSH.
3. Conduct investigations and collect evidence and form an investigation team if
needed for the employee /consultant.
4. Hold further hearings to allow the accused employee / consultant to present their case.
5. Recommend disciplinary measures based on findings.
6. Maintain records of disciplinary cases.
2.4.3 Human Resources Department Responsibilities
1. Receive and register complaints.
2. Provide administrative support to the Disciplinary Committee.
3. Ensure compliance with the Bangladesh Labour Act and organizational policies.
4. Communicate disciplinary outcomes to the relevant parties.
5. Implement disciplinary decisions and ensure follow-up.
2.4.4 Disciplinary Process
Step 1: Complaint Registration
Any employee, supervisor, or manager or patient / patient party/ management/
Director/ Shareholder/ other source may file a complaint regarding misconduct.
The HR department will register the complaint and forward it to the Disciplinary
Committee depending on the gravity of the complaints. For minor cases, the HR
department will process investigation and undertake remedial measure under
intimation to disciplinary committee.
Step 2: Preliminary Review
The HR department conducts a preliminary review to verify the validity of the complaint.
If valid and depending upon the gravity of the case as major violation of conduct or
otherwise, the case will be handed over to the Disciplinary Committee.
Step 3: Investigation
The Disciplinary Committee will review and arrange investigation against the complaint
on following:
1. Collecting evidence.
2. Interviewing the complainant, accused, and witnesses.
3. Reviewing relevant documents and footage (if applicable).
Step 4: Hearing
A formal hearing is conducted, allowing the accused employee/ consultant / other to
defend themselves.
Both parties (complainant and accused) can present evidence and witnesses.
Step 5: Decision and Recommendation
Based on the investigation and hearing and the recommendation of the committee, the
Disciplinary Committee will advise the HR department to process for implementation.
The recommended actions may include warnings, suspension, fines, or termination,
depending on the severity of the violation as per SOPP.
Step 6: Implementation
The HR department communicates the decision to the concerned employee and ensures
its implementation.
A written record of the case and outcome is maintained.
6. Disciplinary Actions
The following actions may be taken based on the severity of the violation:
1. Verbal Warning: For minor infractions.
2. Written Warning: For repeated or moderate infractions.
3. Fines: For damages or negligence causing financial loss.
4. Suspension: Temporary removal from duties without pay.
5. Termination: Permanent dismissal for severe violations.
7. Review and Amendments
This policy will be reviewed periodically by the management to ensure its relevance and
alignment with changes in the law or organizational requirements.
8. Conclusion
Bangladesh Specialized Hospital PLC is committed to fostering a disciplined and respectful
workplace. This policy aims to address disciplinary matters fairly and transparently while
upholding the rights and responsibilities of all employees/ consultant/ others as relevant.
