Published on 04:47 PM, January 21, 2024

How long must workers wait for their dues?

The indefinite delay in labour courts ends up enabling errant owners

Visual: Star

It is a fact universally acknowledged that justice delayed is justice denied, but that, unfortunately, seems to be the unacknowledged reality of the labour courts in this country. Bangladesh's labour law stipulates that the verdict of the labour court must be given within 60 days from the date of filing the case, with a caveat to extend the time by 90 days if appropriate reasons are recorded. However, according to a recent report in Prothom Alo, a total of 21,617 cases are pending at the courts, with some cases pending for as long as 10 years, as of November 30, 2023. Around 90 percent of the cases were filed by RMG workers in relation to complaints surrounding illegal dismissals, non-payment or delayed payment of wages and benefits, workplace injuries, and violations of trade union rights. For workers who earn next to nothing, and who have no other recourse for justice accept the labour courts, such delays—to say nothing of the associated costs incurred during this period—are tantamount to emotional, physical and economic harassment.

Lawyers, labour leaders and victims say that there are various reasons for such delays: fewer courts than needed to discharge the cases on time, various tactics used by lawyers of the owners to delay the cases indefinitely, and lack of effective steps to settle the cases. Another depressing reality is the corruption of some labour leaders, particularly those affiliated with the ruling party, who ultimately do not attend the hearings to represent the workers' interests. With the system rigged against them, many workers end up dropping out of the running, convinced that they will not get justice in the end. For others, the process of seeking justice is too expensive for it to be worthwhile to keep on spending money with the hope that someday—if ever—they will receive their dues.

This state of affairs is simply unacceptable. The legal system should aid those most vulnerable and wronged—in this case, the workers—not enable the owners to get away with exploitation. We need more and better equipped labour courts to dispose the cases more judiciously, to be sure, but we also need them to abide by the time stipulations as stated in the labour law. The labour law should be amended to ensure compliance with certain requirements. Those with money and power cannot be allowed to buy their way out of grave injustices.