Group Discussion Board

ADR in labour court

ADR in labour court

by Sabbir Hossain -
Number of replies: 0

In 2006, Government of Bangladesh enacted Bangladesh Labour Act 2006 to settle industrial disputes and to promote industrial peace and establish a harmonious and cordial relationship between labour and capital by means of conciliation, mediation and adjudication. The Act states about some non-adjudicatory as well as adjudicatory authorities. Non-adjudicatory consists of bipartite negotiation, Conciliation and Arbitration while adjudicatory (judicial) authorities include Labour Court, Labour Appellate Tribunal, etc.

Section 33 of The Labour Act 2006 prescribes the procedure for filing of a complaint by a worker. Section 33 was intended by the Parliament to allow the parties to resolve the matter amicably, before filing the dispute to the court. This section states that if any labour has any complain regarding lay-off, retrenchment, dismissal, removal, termination benefit and wants to get a remedy under the Act, then he must make a written complaint stating the required reason of complaint to the employer within thirty (30) days of removal/ being aggrieved. The employer shall investigate the matter of complaint within fifteen 30 days of receiving the complaint and shall summon the concerned labour and make a decision in consideration of investigation and summon of the matter and inform the decision to the concerned labour otherwise. If the labour is dissatisfied with the decision of the employer or if the employer fails to take any decision within 30 days from the date of the complaint, then the labour may begin within thirty (30) days after the completion of the process under subsection (2) file a complaint labour court. The labour court shall, after receiving the complaint, shall summon both parties and decide as necessary and for the establishment of justice. If any of the parties (employer or worker) is dissatisfied with the decision or verdict of the labour court, then they can file an appeal in the Appellate Tribunal within thirty days of the decision of the labour court and the decision of Appellate tribunal shall be final in this case.