Blast bangladesh legal aid and services trust service rules

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BLAST Orientation Program Welcome !

description

This is a presentation i developed on the service rules of Bangladesh Legal Aid and Services Trust.

Transcript of Blast bangladesh legal aid and services trust service rules

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BLASTOrientation Program

Welcome !

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OUTLINE

AppointmentRemovalRecord of Service,

Seniority, Increment, Promotion

Penalties.

General Policy, Leave and joining time.

Pay and allowance.Child protection.Gender rule.

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APPOINTMENT

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1.1 General Conditions of Appointment

1. Employees (other than ED)

Appointed by: Direct Recruitment/Promotion.

Period: As mentioned in the appointment letter.

2. Contract/Part-time basis

Appointed by: Any specific needs.

Period: As mentioned in appointment.

Made by the authority as per terms and conditions to be specified in the appointment letter.

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1.3 Probationary Period

1. Period Minimum 6 months.

2. Extension by 3 months at a time if necessary.

3. Further guidance to be provided by authority

4. Leave Will be eligible only for:

BLAST declared holidays14 days medical leave10 days casual leave

(all proportionately)

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1.4 Job Confirmation

CONFIRMATION IF Recommended by

Supervisor based on suitability and performance prior to end of probation period.

ED’ s letter communicating decision to confirm Confirmation effective from date specified in letter of confirmation.

IF NOT CONFIRMED Will receive letter that

probationary period may be extended

Will receive letter of termination/discharge without showing any cause

IF NOT LETTER ISSUED• It shall be deemed that

Probationary period extended until further orders.

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Assignment of Duty

May be assigned any duty as determined by the Authority.

May be required to serve at any time /place as directed by Executive Director.

Appointment on contract basis: May appoint a person in any category of posts on contractual arrangement:-

Stating the terms and conditions in the contract for a specific period, as may be deemed fit for the benefit of the Trust.

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2. REMOVAL

Termination, Discharge, Resignation and Retirement

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2.1 Termination of service

• Employees on probation liable to termination any time by the authority without assigning any reason/service.

• Other employees May be terminated by Authority after one month’s notice in writing or payment of one month’s pay.

• No compensation for termination of service.

• If confirmed employee, the authority may give service benefit in addition to one month’s pay as per rules., if any, if the authority deems fit and proper.

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IF BLAST considers anyone is incapable, or ceased to be capable due to infirmity of mind or body or continued ill health or such other reasons not

amounting to misconduct or punishable under rule 8.1A, the authority may discharge and pay him such

financial benefit as authority deems fit.

2.2 Discharge on medical ground

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2.3 Resignation

MUST give 30 days noticeMUST return all BLAST properties in his/her

custody before resignationBREACH of sub-rule (a) and (b)of rule 6.4 ,

ED/BLAST may withhold acceptance of resignation and take action as they deem fit.

Retirement• 65 years

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Record of Service, Seniority, Increment

and Promotion

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3.1 Record of service

The APR will have a column for recommendation for increment or promotion which will also be suggested by the Departmental Head and the Executive Director in consultation with Departmental Head may approve it.

An employee shall not have access to his/her APR but he/she shall be informed those part of the first annual performance report which indicates adverse remarks and strong necessity for improvement shall be given to the employee concerned for his/her comment

To be returned by the Department Head concerned within 3 days of the receipt of such draft with his/her comment, reaction, explanation and justification, if any, and such response of the employee shall be a part of the record of services of the employee.

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3.2 Seniority

From date of joining, subject to confirmation and without any break in service.

in case of confirmation of more then one employee on the same date, length of service in the previous post shall be considered in determining the seniority.

Each department to maintain a seniority list of its employee.

For a position in which a direct recruitment is required and a departmental employee is required to be considered, the promotee should get a preference for

seniority.

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One increment in his/her grade annually if not determined otherwise by the authority.

For double or special increment-consultation and approval by the ED required.

3.3 Increment

3.4 Promotion

Promotion to new/higher post/grade may be determined by the ED or Authority as the case may be from among employees based on:

Educational qualification as determined by the authority.APR or such vacancies may be advertised under rule 5.3.

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Penalties, Procedures and Appeal

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Punishment

Minor Penalties For Negligence

Major Penalties for misconduct

Censure WarningWithholding, for a specific period, of promotion or increment Recovery from pay or gratuity or provident fund of whole or any part of pecuniary loss caused to the Trust by negligence or breach of orders

Reduction to a lower post/gradeCompulsory retirementRemoval from serviceDismissal from service

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Negligence

For inefficiency,Acceptance of outside employment or

engagement without permission/ consent of the ED or the Authority,

Absence from duty or leave of duty station without prior permission of the departmental head, without any reason acceptable to the Executive Director

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Misconduct• Willful insubordination or

disobedience, alone or in combination with others, to any lawful/ reasonable order of superior

• Theft, fraud or dishonesty re property of the Trust

• Taking/ giving bribe/ any illegal gratification in connection with his/her or any other employees employed under the Trust; Habitual late attendance

• Habitual breach of any law or rule or regulation of the Trust

• Habitual negligence or neglect of work

• Falsifying, tampering with, damaging or causing loss of the Trust’s official record

• Any act detrimental to the interest of Trust

• Acceptance of any gift or benefit from any person having or likely to have dealing with the Trust either in kind or in cash.

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Pro

ced

ure

fo

r P

enal

ties

*If retirement age is not

attained and the office is not abolished

*Subsistence allowance Suspension

Dismissed after facing Major

Penalty

Can be re-instated (If acquitted by a trial court or an appellate

court)

Not guilty

The payment for the period of inquiry will

be adjusted.

*IF an employee refuses to accept any letter or post, BLAST will hang a copy on the notice board and send one copy to the employee’s address.*In determining penalty, the authority may review the employee’s past record

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Procedure of penalties

Procedure of penalties

Suspension

InquiryNot guiltyGuilty

Dismissed after facing major penalty

Payment for the payment of

inquiry can be adjusted

Can be reinstated if acquitted by trial court or

appellate court.

If retirement age is not attained and office is

not abolished

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Procedure of inquiry (Minor)

If no explanation is

given, the authority may impose any

minor penalties

Response within time frame either in writing or in person.

(7 days)

Rule 8.3

Make the allegation

In written

Consider the explanation

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Frame a charge. Statement of allegation

Employee will have 7 days to show cause and also specify if he wants to be heard in person. Upon request,

the authority may extend 5 days for submission of a statement of defense.

No good Ground, Charges will be withdrawn

Good GroundsMinor PenaltyHeard in person

Good GroundsMajor PenaltyInquiry officer will be appointed

Procedure for Inquiry (Major)

If the statement of defenses is not submitted within the deadline , the authority may impose any penalty depending

on the charge.

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Procedure for penalties (Major)

* The inquiry officers for the board of inquiry shall start within 3 working days.

* Depending on the findings of the inquiry the authority’s decisions will be communicated to the employee as well.

* If the authority decides to impose any major penalty, it shall ask the employee to show cause within 7 days for defense against the penalty.

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Court Proceedings

If there be any prosecution or legal proceedings against an employee pending in any court on the same issue, there shall be no bar on the disposal of the proceeding under these rules against him/ her; but if the authority decides to impose any penalty on be stayed until disposal of the prosecution or legal proceedings.

In the case of an employee convicted by a court of any offence other than an offence that has been dealt by BLAST, the authority shall decide whether the employee so convicted should be punished under these rules or not.  

If the authority decides to punish him under these rules, it may impose such penalty as it deems fit in the circumstances of the case.

Punishable with death, imprisonment for life or imprisonment for a term exceeding six months or with fine with fine exceeding one thousand taka or with both shall stand dismissed from service on the date of delivery of the order convicting the employee.

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AppealAn employee who has

been imposed a penalty may prefer an appeal to the Board within 7 days from the date of the order

The departmental head will do the same with comments within 5 days from the receipt of the appeal.

Decision in the appeal shall be final.

ReviewThe order by which

the employee is aggrieved, the employee may apply to the board for review within 3 months from the order.

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5. General Policy, Leave

and Joining Time

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Types of Leave

Casual leave: 10 daysEarned leave: 33 daysMedical leave: 14 days.Maternity leave: 120 days. Leave in lieu of overtime: 1 day for every 6 hour

continuous overtime.Study leave: As per to service rule.Extraordinary leave: Reasonable according to

the authority.Paternity leave: 10 days.

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Leave The authority may refuse, grant

leave and recall before expiration.

An employee will not leave without having the leave sanctioned.

may not be allowed leave of absence on the ground of illness or maternity unless there is a medical certificate allowed by a practitioner.

All applications for leave shall be addressed to Executive Director through Departmental Head which must contain the full address during the period of leave.

Executive Director shall grant leaves of all employees including casual leave of the head of the departments or projects. Casual leave of other employees shall be granted by the head of the department.

The period spent on deputation and on tour shall be counted as on duty.

An employee shall resume duty on the expiry of leave initially granted or as subsequently curtailed or extended.

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Leave (Cont.)

Before proceeding on leave an employee shall make over charge to another employee as may be directed by the Departmental Head.

An employee on leave will report in writing upon his return to duty, to his Departmental Head.

An employee who has been granted leave on medical ground shall not be allowed to resume duty without giving a proper medical certificate. It will be needed if for a period less than 14 days.

An employee on leave shall not accept any employment of any office for profit during the period of leave, without prior permission of the Authority or the E.D.

60% of the unveiled earned leave standing to the credit of an employee shall be encashed at the current rate of basic pay on the date on which the employee retires or resigns or service is otherwise terminated or at the emergency of the employee concerned according to the authority.

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Joining Time

Joining time may be granted to an employee on transfer from one station to another.

Joining time shall not exceed 03 (three) days, exclusive of the number of days spent on journey within Bangladesh.

If the transfer is in the same station, the joining time shall be one day.

Working Hours

All employees shall work eight hours daily from 9.00.a.m. to 5.00p.m. with one hour recess from 1.00 p.m. to 2.00 p.m. or 1.30 p.m. to 2.30 p.m. as scheduled by the Authority for each employee.

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AttendanceAll employees immediately

after arrival, shall sign the attendance register everyday in the morning as required by the Trust.

No employee shall, during working hours, leave the office premises without informing his/ her immediate superior.

Late-coming and early leaving

All late comings and early leaving will be recorded in the personal file.

Holidays

Normally weekly holiday shall be observed as

may be prescribed by the Trust from time to time.

At the beginning of each calendar year, which

days in that year shall be considered as public

holidays will be announced.

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6. Pay And Allowances

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6.1 Fares Payable (Head Office)

Grade 1 Air (economic class) Train (1st class and air conditioned)Bus/Coach (air conditioned) Steamer/Launch (1st class cabin and air conditioned)

Grade 2 Air (economic class) Train (1st class and air conditioned)Bus/Coach (air conditioned) Steamer/Launch (1st class cabin and air conditioned)

Grade 3 and 4 Train (1st class and air conditioned)Bus/Coach (air conditioned) Steamer/Launch (1st class cabin and air conditioned)

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6.2 Fares Payable (Head Office)Grade 5 Train (air conditioned)

Bus/Coach (air conditioned) Steamer/Launch (1st class cabin and air conditioned)

Grade 6, 7 and 8 Train (Shovon) Bus/ Coach (air conditioned) Steamer/ Launch (2nd Class)

Grade 9 Train (Shulav/2nd class)Bus/ Coach (Normal) Steamer/ Launch (2nd Class cabin)

Grade 10 and 11 Train (Shulav) Bus/ Coach (Normal) Steamer/ Launch (normal)

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6.3 Fares Payable (Unit Office)

Grade A-1 Train (air conditioned)Bus/Coach (air conditioned) Steamer/Launch (1st class cabin and air conditioned)

Grade A-2,3 and 4 Train (Shovon)Bus/ Coach (air conditioned) Steamer/ Launch (2nd Class)

Grade A-5 Train (Shulav) Bus/ Coach (Normal) Steamer/ Launch (Normal) 

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Trustees / Executive Director

Grade – I

For TAActual fair multiplied by:

a. 1.2 for Air Ticket (economic class)b. 1.6 for Bus, Coach, Steamer, Launch and personal vehicle. c. 1.1 for hired vehicle or Conveyance at actual. If the journey performed by personal vehicle then DA may beallowed for the Vehicle Operator for Tk. 250.00 only per day.

For DA Taka 2000.00 only per day (within

the country)

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Member of Management

Grade - II

For TAa. 1.2 for Air Ticket (economic class)b. 1.6 for Bus, Coach, Steamer, Launch and personal vehicle. c. 1.1 for hired vehicle or Conveyance at actual. If the journey performed by personal vehicle then DA may beallowed for the Vehicle Operator for Tk. 250.00 only per day.  

For DATaka 1,600.00 only per day (within the country)

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Grade 3

For TAActual fair multiplied by 1.6 orConveyance at actual

For DATaka 1,400.00 only per day (within the country)

Grade 4

For TAActual fair multiplied by 1.6 orConveyance at actual

For DATaka 1,200.00 only per day (within the country)

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Grade-V & Grade A –I

For TAActual fair multiplied by 1.5 or Conveyance at actual

For DATaka 900 per day (within the country)

Grade-VI

For TAActual fair multiplied by 1.5 orConveyance at actual

For DATaka 800 per day (within the country)

Grade-VII ,VIII & Grade A-II,

For TAActual fair multiplied by 1.5 orConveyance at actual

For DATaka 700 per day (within the country)

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Grade-IX, X & Grade A–III &IV

For TAActual fair multiplied by 1.5 orConveyance at actual

For DATaka 650 per day.  

Grade-XI & Grade A –V For TAActual fair multiplied by 1.5

For DATaka 500 per day

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TA and DA - Overseas

Class 1• Trustees• ED

Class 2 • Director• President, Members,

UMC• Secretary General

Class 3• DD • AD

Class 4 • Coordinator grade

VIII

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The countries are classified in 3 groups to give DA in US dollars.

Group 1

Saudi Arabia, Bahrain, Qatar, Kuwait, Japan, Brunei, Oman,

South and North America,

Europe

Russia, Uzbekistan, Kazakhstan, Turkmenistan.

Group 2 Africa Middle East Turkey Australia New Zealand

Group 3 Countries of SAARC

group and other Asian countries

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Rent of Hotel and DAGroup of Countries Amount in US $ DA

1 100 50

2 100 50

3 100 50

Group of Countries Amount in US $ DA

1 75 50

2 75 50

3 75 25

Group of Countries Amount in US $ DA

1 50 30

2 25 30

3 50 20

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Festival Allowance/Bonus (All Employees?Probationers)

= Basic salary of the current month twice in a fiscal year.

Authority may grant festival allowance/ bonus to any person not being an employee but under the service of the Trust at the rate of gross salary of the current month.

Overtime ( Grade X & XI (Head Office vehicle operator, messenger, guards and cleaners; Category Grade –V

(Unit)

overtime allowance for duties performed beyond normal working hours as per order of the Authority from time to time.

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Staff Benefit Fund (Confirmed Employees)

Staff benefit 1 X per fiscal year = f last festival allowance/ bonus drawn

Amount transferred to Staff Benefit FundPayable on retirement, resignation, termination,

dismissal, deducting any amount due to During continuance of service, 75% of the total

deposited amount of staff benefit may be withdrawn as advance subject to refund of the amount withdrawn in 12 uninterrupted equal installments from each monthly salary7.

BUT no employee entitled to staff benefit before completing 1 year confirmed service.

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Contributory Provident Fund (Confirmed Employees)

Every confirmed employee to contribute monthly at the rate of 10% of the basic monthly salary

Insurance (Confirmed Employees)Life insurance with any insurance company as

Authority thinks fit on payment of 40% of the total premium and remainder 60% to be paid by the Trust and payment of installments to follow Insurance Company Rules

No employee may get benefit of insurance before the completion of one-year confirmed service

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Income Tax (All Employees)

To be paid by employee on the pay and allowances to be drawn under Income Tax Ordinance 1984 & Rules.

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Child protection policy

Commitment to protect children Awareness. Prevention. Reporting. Responding

Code of conduct• Access to a copy of

this child protection policy.

• Recruitment procedure.

• Investigate possible abuse.

• Training, learning, support.

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Gender policy

Equity and equality.Affirmative actionEnsuring access to

justice.

Objective

1. Increased parity and representation of women.

2. Increased participation of woman in decision making.

3. Organizational structure, processes and facilities promote gender equity. At least one-third of all members

should be women.

Ratio maintenance: (Women:Men)

Senior management 1:1 Current (5:4)

Prfoessional staff 1:1. Current (9:13)

Midelvel Staff 1:1 current (3:5) Support staff 1:4 current (1:7)

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Special internship and training. (Assigning mentors, special training.)

Identifying strengths and weaknesses.

Further developmentStaff development

policy will clarify all of these and include much more.

Working conditionsWorking hours: Will be

examined by management.

Maternity/Paternity leave: 4months paid maternity leave. Paternity leave for 10 working days.

Space: Separate Washrooms

Career development

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TransportsProviding safe transportation to

staffs working late.

AccommodationSafe and sustainable

accommodation for women.

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THANK YOU.