Medical Profession White collar crimes which are commonly committed by persons belonging to medical profession include issuance of false medical certificate, helping illegal abortions, secret service to dacoits by giving expert opinion leading to their acquittal and selling sample-drugs and medicines to patients or chemists. Dilatory tactics adopted by the members of this profession in treatment of their patients with a view to extracting huge sums from them has become an accepted norm, particularly with those medical men who do not have a good practice or have only a marginal earning.
Scenario in Government service The persons employed in essential services of the government or other undertaking are often confronted with the problem of getting leave du to shortage of staff. They, therefore, produce medical certificate regarding their false sickness and produce it to the department to justify their absence from duty. In return they have to pay certain amount to concerned medical staff. Thus, though a white collar crime, this tactics has proved a boon and a workable alternative to employees who have difficulty in obtaining leave from the employers. In Bangladesh it is open secret to all that we can take fake Medical illness certificate only spending very small amount of money. Just, you have to Government Hospital and talk with a staff , give him some money and he will manage it by any way.
Advertising in Medical Profession Fake and misleading advertising is yet another area in which the white collar criminal operate. They make illegally and misleading claims of medical cure though advertisements in newspapers, magazines, radio and television thus adding human misery. Many patent medicines are not only worthless but harmful too. Similar advertisements for cosmetics and adulterated food are also widespread in practice which are injurious to public health. These persons may not break the letter of law but , by violating its sprit, they commit crimes which are not only antisocial, but also injurious to public health. In Bangladesh it is a very simple event. Most of our food are adulterate by sellers or distributors. But our government is not taking more initiative to control it. But we are the ordinary people eating food which has been adulterate. This is a very strong white collar crime which converted to be as crime.
Ref: LAM/LUBIN/2010/55Date: 18.07.2010Mr. Md. Kabir Ahamad
Accounting and Administration
23. Gulshan Avenue
Subject: Legal opinion with regard to Termination of Service with the company.
Please refer to your correspondence over phone and E-Mail with regard to the above subject matter. On the basis of my understanding over the documents to me my opinion as to your queries is as follows:
1. I am still not clear whether Mr. Rabvhe is a worker or a part of the management. It all depends on the nature of his job and not on the designation or post. Did Mr. Rabvhe have any decision making power in the company? Did he attend meetings with the MD, GM etc of the Company more or less regularly? If the answer of both the questions are in the affirmative, then Mr. Rabvhe would be apart of the management and in that case termination would be as per the terms of the Agreement entered into between the company and Mr. Rabvhe. And in that case one month's notice or salary in lieu of notice would be fine.
2. Assuming that Mr. Rabvhe is part of the management I have redrafted the termination letter for you. Please note that in a termination letter you cannot show any reason for termination. If you show any reason, on whatever grounds, it will not be treated as termination. There is a decision by the Appellate Division that termination couched with any sigma will not be treated as termination simpliciter and court may interfere it.
3.For your kind information, if the answer of the above two questions are in negative and it is found that Mr. Rabvhe is a worker rather than part of the management, then the termination process would be under section 19 of the Employment of Labour (Standing Orders) Act, 1965 and the compensation would also be higher.
I thank you for asking for my opinion in this regard and if you need any future advice, I shall be available in my chamber and be glad to assist.
(Md. Mohaiminul Alam)
Md. Shahnewaz Zwaki Advocate The Supreme Court of Bangladesh (High Court Division).