 |
| Claiming Against Delay in payment of wages under Section -132 |
Claims arising out of deductions from wages or delay in payment of wages under Section 132 | Bangladesh Labor Act -2006:
As per Section-132(BLA-2006),
(1) In which case contrary to the provisions of this Act, any deduction has been made from the wages of a worker, or payment of wages has been withheld, or payment of wages or gratuity or dues of a provident fund payable under any rule has been delayed, the worker himself, or in case of his death, any of his heirs or legal representatives, may apply to the Labor Court for the recovery of such wages or for the payment of the unpaid or delayed wages and other dues.
(2) Such application shall be presented within twelve months from the date on which the deduction from wages was made or, as the case may be, from the date on which the wages became payable, to the Labor Court having jurisdiction over the place where the worker was employed or where the wages were payable:
Provided that, any such application may be admitted after the said period of twelve months if the applicant satisfies the Labor Court that he had sufficient cause for not making the application within such period.
(3) Upon receipt of an application under sub-section (1), the Labor Court shall give the applicant and the employer or other person responsible for the payment of wages under this Chapter an opportunity of being heard, shall admit necessary evidence, and may direct the employer or the person responsible to pay the wages which have been deducted, or the unpaid wages, or the delayed wages to the applicant.
(4) Any order passed under sub-section (3) shall not prejudice any punitive measures taken against the employer or the person responsible for the payment of wages under this Act.
(5) At the time of giving a direction under sub-section (3), the Labor Court may also direct the employer or the person responsible for payment of wages to pay compensation to the applicant, not exceeding twenty-five percent of the wages.
(6) No direction for the payment of compensation under sub-section (5) shall be made in the case of delayed wages if the Labor Court is satisfied that the delay was due to-
(Ka) A bona fide (genuine) error or dispute as to the amount of wages payable to the worker;
(Kha)The occurrence of an emergency or the existence of exceptional circumstances, such that the person responsible for the payment of wages was unable, though exercising reasonable diligence, to make prompt payment; or
(Ga) The failure of the worker to apply for or accept payment.
(7) If the Labour Court, while hearing any application under this section, is satisfied that the application was malicious or vexatious, the Court may direct that a fine not exceeding two hundred Taka be paid by the applicant to the employer or the person responsible for the payment of wages.