Question
What can be done against a company if it withholds salary and provident fund?
Answer
If a company withholds your salary and provident fund, you have several legal options:
- Send a Legal Notice: The first step is to send a legal notice to the company, demanding payment of your outstanding salary and provident fund. The notice should state the amount owed, and a request for payment within a reasonable timeframe. If the company fails to comply, this notice can be used as evidence in court.
- File a Complaint with the Labor Court: You can file a case in the Labor Court for recovery of your unpaid salary and provident fund. Under the Bangladesh Labor Act, 2006, employers are legally obligated to pay workers on time and contribute to their provident fund. The Labor Court can issue a decree to the company, forcing them to pay you the dues.
- Approach the Bangladesh Labor Ministry: You can file a complaint with the Ministry of Labor and Employment or the Department of Labor for non-payment of wages or provident fund. They will investigate the matter and may intervene to resolve the issue.
- Claim for Damages: If the company’s actions have caused financial harm to you, you may also be entitled to compensation. This could be for the mental stress, inconvenience, or additional expenses caused by the delayed salary and provident fund payments.
- Seek Legal Assistance: It’s advisable to consult with a lawyer who specializes in labor law to assess the strength of your case and to represent you in court. A lawyer can help you navigate the process of filing a complaint, gathering evidence, and pursuing legal action against the company.