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).