Your Law-mate

:: People’s Time Online ::

This week your law mate is Dr. Uttam Kumar Das, who is an Advocate (Attorney) in the Supreme Court of Bangladesh. His areas of specialization are employment and labour laws and human rights laws. He can be reached at- ukdas1971@gmail.com

Query-

Dear Sir,

The unemployment rate is getting high day by day in comparison with the rate of growth of higher education. Some private organizations who provide job opportunity are taking chance of it. They appoint their employee by keeping mortgage or security money. Sometimes, they charge 25% of total salary of employee who leaves job within first two years. Is it legally permitted? And, some other companies retain the original certificates of employee before he joins the organization. Is this kind of approach lawful? Or, can any legal action be taken against such organizations?

Abu Sayed Chowdhury, Gazipur

Legal Opinion-

Dear Mr. Chowdhury,

Thank you for your queries. The issues you have stated are important and required interventions. It is unfortunate that those are happening which are illegal and an offence.

Freedom for choosing an occupation is a human right. Whether one employee would continue his or her job with a particular organization or not, is a matter of individual decision and convenience. However, at the same time, separation from a given job is also guided by respective law and regulation, or in absence of the same the appointment letter or contract concerned.

For an employee, it is normally required a 30-day notification to the respective employer. In case of a worker (who are covered under the Labour Act, 2006), 60-day notice period is required.

Instead of a notice an employee or worker may pay an amount equivalent to the notice period and get separated from his/her job. Therefore, deduction of wholesale 25% from the total salary is not supported by the law.

Also, keeping deposited original certificates or other documents for an employee as a ‘security’ for forcing one to be in a job is illegal. It does tantamount to ‘forced labour’ which is illegal and penalized offence. In this case, you may consider to seek legal remedy against the organization or individual concerned under the scope of Code of Civil Procedure and under the category of fraud in the Penal Code.

 

People’s Time/AJ

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