Professional Documents
Culture Documents
Chapter - 4 - Law Relating To Trade Unions - Settlement of Industrial Disputes
Chapter - 4 - Law Relating To Trade Unions - Settlement of Industrial Disputes
Sheikh Salman
Lecturer, Dept. of MPE, AUST
INDUSTRIAL DISPUTE
Definition:
An industrial dispute as has been defined in
clause (LXll) of section 2 of the Bangladesh
Labour Act, 2006 is as follows “industrial
dispute means any dispute or difference
between employers and employers or between
employers and workmen or between workmen
and workmen which is connected with the
employment or non-employment or the terms of
employment or the conditions of work of any
person”.
NATURE OF DISPUTE
Although the definition of industrial dispute
is wide enough to cover all disputes between
employers and employers or between
employers and workmen or between
workmen and workmen the mode of raising
of dispute as envisaged in section 209 of the
Bangladesh Labor Act, 2006 suggests that no
dispute except the dispute between the
employer and workmen can be treated as
industrial dispute.
Characteristics of Industrial
Dispute
Real (Matters relating to the personal life of the worker do not constitute
industrial dispute)
Characteristics of Industrial
Dispute
Substantial Interest (In matter relating to industrial dispute
interest either of the employer or the worker must be involved.)
Origin (Ordinarily, dispute arises when the workers or trade unions put
up their demands before the employer and the latter refuses to consider
them.)
MODE OF SETTLEMENT OF
INDUSTRIAL DISPUTE
The mode of settlement of Industrial dispute has been
described in sections 210-213 of the Bangladesh Labor Act,
2006. Section 210 provides that
1. An industrial dispute is likely to arise between the
employer and the workers or any of the workers, the
employer or the collective bargaining agent shall
communicate his or its views in writing to the other party.
1. Militant Functions
2. Fraternal Functions
3. Social Functions
4. Political functions
CANCELLATION OF
REGISTRATION
An unregistered trade union is not entitled to
function according to law. i.e. if a trade union is
not registered with the Registrar of Trade Unions it
cannot conduct any trade union activities. In case
the registration of a trade union is cancelled it
attains the status of an unregistered trade union
and it cannot continue as a trade union.
The registration of a trade union may be cancelled
on any of the following grounds as enumerated in
section 190 of the Bangladesh Labor Act, 2008
after obtaining permission from the Labor Court.
CANCELLATION OF
REGISTRATION
The ground on which registration of a trade union may be
cancelled is enumerated in section 190 of the Bangladesh
Labor Act, 2006 as follows:
1. Subject to the other provisions of this section, the
registration of a trade union may be cancelled by the
Director of Labor if the trade union has-
(a) applied for cancellation of registration; (b) ceased to exist;
(c) obtained registration by fraud or by misrepresentation of
facts; (d) contravened any of the basic provisions of its
constitution; (e) committed any unfair labor practice; (f) a
membership which has fallen short of the number of
membership required under this Chapter; and (g) contravened
any of the provisions of the Rules.
CANCELLATION OF
REGISTRATION
2. Where the Director of Labor is satisfied on enquiry that
the registration of a trade union should be cancelled, he
shall submit an application to the Labor Court praying for
permission to cancel such registration.
3. The Director of Labor shall cancel the registration of a
trade union within thirty days from the date of receipt
from the Labor Court.
4. The registration of a trade union shall not be cancelled on
the ground mentioned in sub-section (1) (e) if the unfair
labor practice is not committed within three months prior
to the date of submission of the application to the Labor
Court.
Thank you