Labour Law

*Note: Victim/Beneficiary’s names in all case studies have been replaced with pseudonyms.


Case Study (2010): Worker’s Reinstatement through Mediation


In June 2010, Joy, a long-time factory worker, became very ill while at work and was allowed to leave. She was subsequently diagnosed with jaundice, and communicated this diagnosis to her superiors immediately. She was advised to return to work once she was in better health. Three weeks later, after her recovery, Joy attempted to return to work, but her supervisor requested that she return only on July 1st. However, when she returned on that date, Joy was not allowed to enter the factory, and the production manager informed her that she had lost her job. Joy pleaded with the factory’s higher management, but they refused to reinstate her.


Joy sought legal help from BLAST’s head office. When BLAST sent a letter to the factory authorities proposing mediation, the factory authorities replied promptly and agreed to settle the dispute. The factory’s human resources officer subsequently requested that BLAST advise Joy that she could return to her job. On September 30th 2010, Joy visited BLAST’s head office to report that she had been reinstated.


Case Study (2012): Arrears of Wages and Benefits Claimed through Mediation

(Reg. No: 08/152/12)


Zameer from Shariatpur had been working as a mechanical helper in the maintenance section of a private company since 09 February 2007. On 31 March 2012, when he went to have breakfast, the Generator Operator made a false complaint against him. The factory’s admin officer called Zameer to his office and suspended him for seven days. When Zameer rejoined his duties on 8 March, he was terminated on 01 April 2012 without any reason and notice. When he claimed his arrears of wages and other legal benefits, the factory authorities refused to pay his dues.


In response to Zameer application for legal aid, on 23 May 2012, BLAST sent a letter to the Managing Director and Factory Manager proposing mediation. The factory authorities replied positively and requested BLAST to organize a mediation session. The first mediation session was held on 17 June 2012 and the second on 24 June 2012. Finally, the authorities decided to settle part of Zameer’s outstanding dues of Tk. 20000 (twenty thousand). Zameer informed BLAST that he wished to withdraw the application as he had no further claim against the factory.


BLAST has successfully assisted Zameer in claiming his arrears of wages.

Case Study (2012): Worker’s Reinstatement through Mediation

(Reg. No: 06/304/12)


Harjeet had been working as a Quality Controller at a factory named C Limited in Dhaka since year 2002. On going off his usual duty, on 1st December 2012 suddenly he felt ill and was unable to return till the 4th December 2012. He had informed the Manager of his absence and had gotten permission over the phone. But unfortunately, on 4th December 2012 the factory authority phoned him telling not to further join at his job. Thereafter Harjeet went to the factory to submit an application for leave but he was refused to enter by the guard. Then Harjeet tried repeatedly to get his job but failed. Finding no other alternative he visited BLAST Head Office and sought legal assistance.


After having received the application, on 9th January 2013 BLAST Head Office sent a letter to the factory authority to resolve the dispute through mediation. On 17th January 2013 the factory authority responded positively stating that the position of Harjeet was vacant till then and if he wanted to return to his job he would do so by February 2013. But Harjeet did not agree to go there. Then a mediation sitting was held on 30th January 2013 where both parties took decision that the factory authority would make a payment in view of entitlements for resignation. A few months had passed but the factory authority did not make any payment in favour of Harjeet. Then BLAST took the initiative to file a case before the concerned Labour Court. In the meantime, Harjeet phoned BLAST Head Office and requested that no further steps be taken. On 24th April 2013, both parties came to BLAST Head Office and informed that Harjeet had been reinstated and also performing his duties accordingly.


Harjeet got back his job with the BLAST’s assistance and expressed his great gratitude to BLAST for its proper initiative.


Case Study (2012): Arrears of Wages and Benefits Claimed through Litigation

(Reg. No: 12/90/12)


Tuhina, a resident of Dhaka, was appointed as a ladies checker at G L Garments Ltd. She had successfully completed her probationary period and had been working there since 14th May, 2008.  On 1st January, 2012, the Manager of the factory called her into his room and asked her to sign a blank piece of paper. When she refused, the Manager ousted her forcibly. Tuhina then requested the factory authorities to pay her arrears of wages and other legal benefits but the authority refused to do so. At this stage, Tuhina contacted BLAST for legal support.


On receiving the application, BLAST issued two letters, on 08th February 2012 and 29th February 2012, respectively, to the factory authorities to resolve the aforesaid matter through mediation. However, the factory authority did not respond. BLAST then assisted Tuhina with filing the BLL (Wage) Case No.305 of 2012, against the Managing Director of G L Garments Ltd. before the Second Labour Court Dhaka. During pendency of the trial, the dispute was settled through out of court mediation and Tuhina received TK 20,000 (twenty thousand) from the factory authority. Subsequently on 22nd August 2013, Tuhina deposed before the learned Court regarding this and sought dismissal of the case.


Through BLAST’s legal assistance, Tuhina was able to claim her arrears of wages.


Case study (2013, 2015): Arrears of Wages and Benefits Claimed through Litigation

(Reg. No: 11/44/13)

Ariful, about 26 years old, lives in Dhaka. He was appointed as a Supervisor at a garments factory. After completing his probation period he was working successfully as a permanent worker. He had been working there from1May 2012 to 5 January 2013.  On 6 January 2013, Ariful could not reach his work place due to illness. Ariful informed the GM about his illness.  On 7 January 2013, Ariful went to the factory but the authority did not allow him to enter the factory. Ariful sought to meet with the General Manager (GM) to know the reason for his ousting. The GM told him to meet the Managing Director (MD) and MD told him that there was no more need for Ariful in this factory. On 10 January 2013, Ariful went to the factory to get his arrears of wages and other legal benefits. Then factory management told him that they could not make the payment. Finding no other alternative he came to the BLAST Head Office to seek legal assistance.

Receiving the application, BLAST issued two letters to the authority of the said factory to resolve the aforesaid matter through mediation. But after receiving the letters the authority did not respond, and the attempt at mediation failed.

Then BLAST provided legal aid to Ariful to file a BLL (Wage) Case of 2013, against the Managing director before the 3rd Labour Court, Dhaka. On 26th January, 2015, the Court directed the factory authority to pay Ariful of Tk. 41,678.00 within 30 days. If the factory authority does not execute the order, Ariful can take legal action for execution of the order again.

 

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