Welcome!

Trade Unions and Industrial

Relations

Abdullah Mohammad Sharif

World University of Bangladesh

 Learning Objectives

Understand the process of Explain the formation of

registration of trade unions Collective Bargaining Agent

Discuss the unfair labor Know the importance and

practices on part of procedure of forming
employees and employers participation committee

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 Trade union of workers and employers

All workers shall, without distinction whatsoever, have the right to

form, join trade union of their own choice

All employers shall, without distinction whatsoever, have the right

to form, join trade union of their own choice

The trade unions of workers and those of employers shall have the
right to form and join federations and any such union or federation
shall have the right to affiliate with any international organisation
or confederation of organizations of workers or employers

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 Trade union of workers and employers

The trade unions and the In an establishment where a

employers’ associations trade union shall be
shall have the right to formed, if 20% (twenty
make their own constitution percent) of the total
and rules, to elect their working force or members
own representatives with are women, the union
full independence, to executive committee shall
organize their have at least 10% (ten
administration and percent) women members
activities and to formulate
their programmes

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 Application for registration

Any trade union may, under The Registrar of Trade

the signatures of its Unions mentioned in sub-
Chairman and Secretary, section (1) shall mean the
apply for registration to Director of Labour or any
the Registrar of the Trade representative authorized
Union of the concerned area by him in this behalf
under this Chapter

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 Procedure for registration

Go through the following A trade union of workers

shall not be entitled to
• 178. Requirements for
registration under this
application
Chapter, unless it has a
• 179. Requirements for minimum membership of 30%
registration (thirty percent) of the
total number of workers
employed in the
establishment in which it
is formed

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 Disqualification for being an officer or a member of a
trade union

Notwithstanding anything contained in the constitution of a trade

union, a person shall be disqualified for election as, or for being,
an officer or a member of a trade union who

Has been convicted of a criminal offence involving moral turpitude or

of an offence under section 196 (2) (d) or section 298 and unless a
period of 2 (two) years has elapsed since his release

Is not employed or working in the establishment in which the trade

union is formed

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 Maintaining Register

A register of members, which shall contain the particulars of

subscriptions paid by each member

An accounts book, in which the receipts and expenditure shall be

shown

A minute book, in which all kinds of minutes shall be recorded.

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 Certificate of registration

The Director of Labour, on registering a trade union under section

182, shall issue a certificate of registration in the form
prescribed by rules and such certificate shall be conclusive
evidence that the concerned trade union has been duly registered
under this Chapter

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 No trade union to function without registration

If a trade union is not registered or its registration is cancelled,

it shall not, subject to the provisions of section 191(2), function
as a trade union

No person shall collect any subscription, other than enrollment fee

for membership, for the fund of a trade union mentioned in sub-
section (1).

No worker or employer shall be entitled to enroll himself as, or

continue to be, a member of more than one trade union at a time at
the same establishment

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 Unfair Labour practices on the part of the employers

1 2 3
Impose any condition in Refuse to employ or Discriminate against
a contract of refuse to keep in any worker on the
employment restraining employment any worker ground that such worker
the right of the worker on the ground that such is, or is not, a member
concerned to join a worker is, or is not, a or officer of a trade
trade union or continue member or officer of a union

4 his membership of a
5 trade union
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trade union
Dismiss, discharge or Induce any worker or Commence or continue or
remove any worker from any other person to instigate others to
employment or threaten refrain from becoming a take part in any
to do so, or threaten member or officer of a illegal lock-out
to do any harm to his trade union
employment

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 Unfair Labour practices on the part of the employers

1 2 3
Compel or attempt to Interfere with or in Recruit any new worker
compel any officer of any way influence the during the continuance
the collective election held of strike under section
bargaining agent to 211 or during the
arrive at a settlement continuance of strike
or to sign a memorandum which is not illegal

4 of settlement by force
5 6
Deliberately fail to Fail to give reply to Transfer the chairman,
take measures any communications made general secretary,
recommended by the by the collective organizing secretary or
participation committee bargaining agent in treasurer of any trade
respect of any union
industrial dispute

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 What’s your
understanding?
Review for 5 minutes before you go to the next topic.

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Take a break!

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Welcome
Back!
 Unfair Labour practices on the part of workers

No worker shall engage Induce any worker or any other

himself in any trade union person to refrain from becoming
activities during his working a member or officer of a trade
hour without the permission union
of his employer.

Compel or attempt to compel any

Intimidate any worker to
worker to pay or refrain from
become or not to become a
paying any subscription to the
member or officer of a trade
fund of any trade union by force
union or to continue in or to
refrain from such post

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 Unfair Labour practices on the part of workers

Compel or attempt to compel the employer to sign a memorandum of

settlement or to accept or agree to any demand by force

Commence or continue an illegal strike or a go-slow; or instigate

others to take part in it

Resort to gherao, obstruction to transport or communication system

or destruction of any property in furtherance of any demand or
object of a trade union

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 Collective bargaining agent

Where there is only one trade union in an establishment, the trade

union shall be deemed to be the collective bargaining agent

Where there are more than one trade unions in an establishment the
unions shall, by nominating an election commissioner from amongst
themselves, take steps for election of a collective bargaining
agent

Upon receipt of an application the Director of Labour shall, by a

notice in writing, call upon all trade unions of the establishment
to let him know, whether or not they shall contest in a secret
ballot

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 Collective bargaining agent

Where a trade union is Every employer shall, in the

declared to be the manner prescribed by rules,
collective bargaining agent allot an office room for the
for an establishment under elected collective bargaining
sub-section (15)(e), it agent (CBA) in his
shall be the collective establishment
bargaining agent for that
establishment for 2 (two)
years from the date of such
declaration

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 Collective bargaining agent
shall be entitled to

Bargain with the employer in matters of the state of jobless, conditions of work or environment
1 of work of the workers

2 Represent all or any of the workers in any proceedings

3 Give notice of, and declare, a strike in accordance with the provisions of this chapter

Nominate representatives of the workers in any welfare institution or provident fund and in the
4 board of trustees of the workers participation fund established under chapter XV

5 Conduct cases on behalf of any individual worker or a group of workers under this act

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 Participation committee
The employer of every The number of representatives
establishment, in which at of workers in such committee
least 50 (fifty) workers are shall not be less than the
ordinarily employed, shall number of representatives of
constitute a participatory the employer
committee in his
establishment in the manner
prescribed by rules

Such committee shall consist The representatives of the

of the representatives of the workers shall be appointed on
employer and the workers the basis of nomination given by
the trade unions in the
establishment.

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 Participation committee

Each trade union, shall nominate equal number of representatives and the collective bargaining
1 agent shall nominate such number of representatives which shall exceed the total number of
representatives nominated by the other trade unions by one.
In the case of an establishment where there is no trade union, the representatives of the workers
2 in the participation committee shall be elected in the manner prescribed by rules from amongst
the workers working in that establishment.
In an establishment where no trade union exists, the worker representatives of the participatory
3 committee may carry out the activities related to the interests of the workers until a trade union
is formed in that establishment.

4 Where in an establishment there is a unit in which at least 50 (fifty) workers are employed, a unit
participation committee may be constituted

Such unit participation committee shall consist of the representatives of the employers and of
5 the workers employed in or under that unit.

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 Functions of the participation committee

1 2 3
To endeavour to promote To ensure the To foster a sense of
mutual trust and faith, application of labour discipline and to
understanding and co- laws improve and maintain
operation between the safety, occupational
employers and the health and working
workers condition;

4 5 6
To encourage vocational To adopt measures for To fulfill production
training, workers’ improvement of welfare target, increase
education and family services for the productivity, reduce
welfare training; workers and their production cost,
families; and prevent wastage and
raise quality of
products.
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 Meetings of the participation committee

The participation committee The minutes of every meeting

shall meet at least once in of the participation
every 2 (two) months to committee shall be submitted
discuss and exchange views to the Director of Labour and
and recommend measures for the Arbitrator within 7
performance of the functions (seven) days of the date of
under section 206. the meeting

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Thank you!

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Complete the
remaining tasks!

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