MOICE FOLLOW UP LETTER/email - outcome awaited

Dear Sir,

With a heavy heart, as I had been suffering from mental and physical stress after being unfairly treated by my former employer, I have no other places to seek assistance by investigating rather than your good self.

Therefore, I humbly beg your kindself to kindly look into the matter and provide me with justice la.

I have attached all the relevant documents for your reference and please instruct me if I need to provide any more evidence, I will duly comply with la.

Thanking you

Sincerely,

Ugyen Lhamo

Dear Sir,

I hope this correspondence finds you well.

I am writing to bring to your attention a matter that was raised 105 days ago, precisely on 17th June 2023. At that time, I submitted a formal complaint concerning the unfair treatment I experienced during my employment at the Royal Insurance Corporation of Bhutan.

Despite the passage of time, I have not received any updates or communication regarding the status or progress of the aforementioned grievance. Hence, I am taking this opportunity to request an update on the matter.

I kindly urge you to thoroughly investigate and provide me with the current status of the complaint at your earliest convenience.

Thank you for your prompt attention to this important concern.

Sincerely,

Ugyen Lhamo

Dear Ugyen,

Although you haven’t lodged the complaint formally in detail, we acknowledged your complaint via email as it is similar to Mr. Jigme Namgyel`s complaint.

For Jigme Namyel`s complaint; we wrote to RICBL management seeking clarification on the complaint received from Jigme. Within weeks’ time, we received a response from Management clarifying specific points of the complaint. A copy of the response is shared for your reference.

Going through the attached documents of the complaint from Mr. Jigme and you, and the response received from RICBL management, we found that the case is complicated “civil case arose due to criminal act”.  

For the matter, you may kindly be informed that the scope of the Alternative Labour Dispute Resolution under the Labour and Employment Act is limited to civil cases. We are not allowed to handle the dispute if found to be connected with a criminal act/claim.  Your complaint about “unfair treatment” can`t be separated from bigger issues that have been settled by the Royal Court of Justice (the case has reached the Court and the judgment is being passed by the Dzongkhag Court and High Court as well).

Therefore, we would like to advise you to kindly settle the dispute in the Royal Court of Justice as deemed appropriate. However, we will definitely act/investigate if we receive an order from the court to do so.

Sincerely,

MOICE

Dear Sir,

Thank you for your detailed response regarding this matter. I would like to clarify that the letter I had previously submittedwas indeed a formal complaint against my employer, RICBL. Additionally, the treatment I received from RICBL—post-dismissal of the RICBL vs. Ugyen Wangchuk by the Office of Gyalpoi Zimpon—covering suspensions, revocations of suspension, demands for refund of allowances received during suspension, leading to my eventual resignation due to consistent harassment and mental distress, is civil in nature.

However, I seek clarification on several points that you have raised based on the response from RICBL Management:

1. Regarding the "civil case arose due to criminal act" statement: 

The management of RICBL have contravened various provisions of the Labour and Employment Act of Bhutan, 2007 and your department is responsible for ensuring compliance with these provisions. I am concerned that the conclusion that a "Civil Case arose due to the Criminal Act" relies heavily based on the account given by RICBL Management. It is rather one-sided and gives an impression that I, and possibly my colleague, Jigme Namgyal, have allegedly partaken in some criminal activities. Could you specify which sections of the Penal Code of Bhutan, 2004 we might have violated? More critically, are there allegations of any corrupt practices linked to the loans availed by Ugyen Wangchuk that label our actions as criminal?

2. Scope of the Alternative Labour Dispute Resolution: 

The grievance letter we submitted is distinct from the RICBL Vs. Ugyen Wangchuk case. The core of our grievance lies in administrative processes by management of RICBL that we believe are in violations of the Labour and Employment Act of Bhutan. Our primary concern is the arbitrary suspension revocation, which we understand to be civil in nature, unless your office views it otherwise.

3. Connection with "bigger issues" resolved by the Royal Court of Justice: 

Regardless of the magnitude or nature of the treatment by management of RICBL towards two of us, it seems that your department's decision was influenced primarily by RICBL's account without adequate consideration of our side of the story. If there are court judgments implicating Jigme Namgyal and myself in these "bigger issues" you've mentioned, could you specify which court order or judgment mentions our accountability? The Labour & Employment Act of Bhutan, in it’s Preamble emphasizes the importance of worker welfare, stating, "WHEREAS, the well being of workers contribute to the Gross National Happiness." and further "WHEREAS, workers play a crucial role in the development of the Kingdom, it is essential that their welfare is promoted and protected through a fair and just labour administration system suitable for Bhutan." and your reasons cited in your earlier response underscores the significance of a fair labour redressal and administration system in Bhutan.

4. Settling the dispute in the Royal Court of Justice: 

While Jigme Namgyal and I appreciate your advice, we believe that as per the provisions and objectives of the Labour & Employment Act of Bhutan, it is essential for workers to have a fair platform where their grievances are genuinely considered and addressed. As you understand that any disputes related to the employment must be redressed as per the Labour & Employment Act of Bhutan and only then the case be appealed to the Royal Court of Justice. On this, we would like to seek a letter stating that this case couldn’t be resolved by the Department with reasons and that the same can be filed in the Royal Court of Justice.

I hope to hear from your office soon. We trust in the fair and just system that your office represents.

Kind regards,

Ugyen Lhamo.