Procedure of making a complaint under Section-33

 

Procedure of making a complaint under Section 33 | Bangladesh Labor Act -2006

As per section-33(BLA-2006),

(1) Any worker, including a worker who has been laid off, retrenched, discharged, dismissed, terminated, or whose employment has otherwise ceased, who has a grievance in respect of any matter covered under this Chapter and intends to seek remedy under this section, shall submit his grievance to the employer in writing, by registered post, within 30 (thirty) days from the date of occurrence of the cause of such grievance:

 Provided that, if the employer/appointing authority receives the grievance directly and acknowledges the receipt in writing, such grievance need not be sent by registered post.

 (2) The employer shall, within 30 (thirty) days of receipt of the grievance, conduct an investigation into the matter and communicate his decision in writing to the concerned worker after giving him an opportunity of being heard.

 (3) If the employer fails to provide a decision under sub-section (2), or if the concerned worker is dissatisfied with such decision, he may submit a written complaint to the Labor Court within 30 (thirty) days from the date of expiry of the period mentioned in sub-section (2), or within 30 (thirty) days from the date of the employer's decision, as the case may be.

­(4) Upon receipt of the complaint, the Labor Court shall, after giving notice to both parties and hearing their statements, pass such orders as it may deem just and proper under the circumstances of the case.

 (5) In an order passed under sub-section (4), the Court may, among other remedies, direct the reinstatement of the complainant in his service, with or without back wages, and may convert any order of dismissal, removal, or discharge into any minor penalty mentioned in Section 23(2).

 (6) Any person aggrieved by an order of the Labor Court may file an appeal to the Tribunal within 30 (thirty) days of the order, and the decision of the Tribunal on such appeal shall be final.

 (7) No court fee shall be payable for filing any complaint or appeal under this section.

 (8) No complaint under this section shall be deemed to be a criminal complaint under this Act.

 (9) Notwithstanding anything contained in this section, no complaint shall lie against an order of termination of service under Section 26, unless the termination order has been issued due to the worker's trade union activities or is motivated by malice, or if the worker has been deprived of the benefits due to him under the said section.