The Bhutanese Leading the way.
Labour exploitation is quite rampant in Bhutan and most of it is in terms of unpaid work wages.
Most labour exploitation happens in the private sector, with employees not being paid on time or not being paid at all for their services.
Sangay, who worked at a private company was not paid for his services.
Similarly, Dechen shared her experience of working at a private company, but not getting paid for her services. “I worked with my company for three months, and I worked passionately, despite not getting paid on time. My salary was always delayed by a week or two, however I worked hard as I loved my job. After I quit my job, my last month’s salary was not given.”
“Similarly, under the same organization, a few of my seniors faced the same things and quit their jobs,” she added.
Many workers faced similar experience of not getting paid on time or getting underpaid from private companies.
Speaking with the Labour Minister, Lyonpo Karma Dorji, said that the former Ministry of Labour and Human Resources (MoHLR) now clubbed with Ministry of Industry, Commerce and Employment (MOICE), has a labour protection division that resolves conflicts.
From the year 2022 till now, a total of 321 complaints have been lodged to MoHLR, with the ministry having resolved 204 conflicts with others 63 having been forwarded to the court.
The highest complaints were received from the construction sector with 82.5 percent followed by service sector at 8.10 percent, which are followed by hotels and restaurants, manufacturing and health and education.
According to Lyonpo Karma Dorji, the biggest issue is regarding employees not getting paid on time. “Till date, we have been providing support. First, we receive a complaint and we verify it with the employer. We take up the case and we try to mitigate the issue. If we find the issue, we ask the employer to pay on agreed date and time.”
“However, we do not have the authority to mandate them to pay, so cases are sometimes forwarded to the court,” he added.
According to the Labour and Employment Act of 2007, section 118 mandates a contract of employment shall specify a pay period of one month or less at the end of which the employer shall pay the employee his or her wages.
Section 119 mandates an employer shall pay the employee the wages owing to him or her at the end of the period specified under section 118.
Section 123 also states that an employer who contravenes sections 118-122 shall be liable to pay a fine at the rate of the daily minimum national wage rate to a maximum of 90 days of the daily minimum national wage rate.
The Penal Code of Bhutan 2004 under Theft of Services, section 257 states that a defendant shall be guilty of the offence of theft of services if the defendant intentionally does not pay for a service rendered to the defendant or another person for whom the defendant is legally responsible upon the receipt of a bill for the service.
Section 257 also states that a defendant shall be guilty of the offence of theft of services, if the defendant by deception, threat, or other means obtains a service without paying for it knowing it to be available only for compensation.
As per the Penal Code, the services include labour, professional services, transportation services, telecommunication/information technology services including cable television, gas, electricity, water, accommodation in a hotel and restaurant service or any other such services.
Under section 261, the grading of theft of services states that offence of theft shall be a value-based sentencing.
