Question
I joined a company in Badda as a graphic designer on 12th March. Due to the problem with salary, I can’t do it until May 31. The CEO says not to leave 2 months before, so I worked till July 31 as per the rules. But my salary for June and 18 days of July amounted to only 11,000 taka. It’s been 2 months, and they haven’t paid me the remaining salary. Can legal action be taken against the company?
Answer
Yes, you can take legal action against the company for the unpaid salary, as your employer is legally obligated to pay you for the work you have done. Here are your options:
- Review the Employment Contract:
Ensure that you have a written agreement that outlines your salary, the duration of your employment, and the terms of your resignation or termination. The contract will be crucial in determining the company’s obligations and your rights. - Formal Demand for Payment:
Before taking legal action, it’s advisable to send a formal demand letter to the company. In this letter, clearly state the salary owed to you for June and the 18 days of July, and request payment within a specified period (e.g., 7 days). Keep a copy of this letter for your records. This is often the first step before resorting to legal means. - Labor Law Protections:
Under Bangladesh’s Labor Law, employers are required to pay workers on time and for the full amount agreed in their contracts. Failing to do so is a violation of the law. If the company does not pay your owed salary, you can file a complaint with the Labor Court or Labor Commissioner. The court can order the company to pay your outstanding salary, along with potential interest or penalties. - Filing a Case in Labor Court:
If the company refuses to pay or does not respond to your demand letter, you can file a case with the Labor Court. The Labor Court deals with employment disputes, including unpaid salaries. You’ll need to provide evidence of your employment, your agreed salary, and any communication you’ve had with the company regarding the unpaid salary. - Taking Legal Action through Civil Court:
If the matter is not resolved through the Labor Court, you can consider filing a case in Civil Court for the unpaid wages. This process may take longer, but it is another legal route to pursue. - Seek Legal Assistance:
If you’re unsure about how to proceed, consulting a lawyer who specializes in Labor Law is a good idea. They can help guide you through the legal process and represent you in court if needed.