Trade Union

Chapter I

Introduction
From the very beginning of civilization the rights of labourers have been ignored and labourers

had a lack of awareness of their own rights. Labourers are deprived of all kind of rights, all over

the world. This deprivation puts the labour class in an extreme position, which requires them to

rein store their rights. To this they have begun to organize themselves. A Trade union is the

outcome of such demands. Every one has the right to form and to join a trade union for the

protection of their interests. The labour laws have given birth to some fundamental industrial

rights to labourers in the field of production, and it has also provided protection for those rights.

Labour rights in Bangladesh are not justifiable under the existing labour laws and lack of proper

execution system of those existing laws is the main course for not ensuring labour rights.

Following host factors are the main reasons for that, workers’ disunity, ideological divide

between various trade unions, lack of organizational structure, control of pro-reform national

political parties over their respective trade unions, the diminishing influence of leftist trade

unions in labour parties and the lack of an alternative leftist political agenda in Bangladesh

politics. The member states of the International Labour Organization (ILO) after ratification of

the ILO conventions, did not take necessary actions to implement the provisions of that very

convention in their domestic administration. That is why labour rights were ignored at the

presence of law and conventions. The chief inspector and inspectors of labour need to comply

with the provisions of existing labour laws in Bangladesh so that labour rights can be wholly

ensured in Bangladesh. In summaries of International labour standards .It has been pointed out

that, international labour conventions and recommendations regarding labour rights are adopted

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by the international labour conference, after consultation with all the ILO’s member states, of

which there are 148 at The conference is a tripartite body composed of government, employer’s

and worker’s delegates. When a member state ratifies a convention, it becomes subject to legally

binding international obligations. The rights as we find in the labour laws relate mainly to the

labourers or employees and few of them relate to the employers. These rights are of a

fundamental, civil, political, economic, social or cultural nature.

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Chapter II

History

The origins of trade unions' existence can be traced from the eighteenth century, where the rapid

expansion of industrial society drew women, children, rural workers, and immigrants to the work

force in larger numbers and in new roles. This pool of unskilled and semi-skilled labour

spontaneously organized in fits and starts throughout its beginnings, and would later be an

important arena for the development of trade unions. Trade unions as such were endorsed by the

Catholic Church towards the end of the 19th Century. Pope Leo XIII in his 'Magna Carta': Rerum

Novarum, spoke against the atrocities workers faced and demanded that workers should be

granted certain rights and safety regulations.1

Soldiers surround peaceful demonstrators during the

Lawrence textile strike in 1912.

1
Wikipedia-http://en.wikipedia.org/wiki/trade_union

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In Britain in the late 18th century groups and clubs of working-men in skilled trades developed,

to regulate admission of apprentices and sometimes to bargain for better working conditions.

During the wars with France (1793–1815) COMBINATION ACTS suppressed any such activity,

but on their repeal in 1824 limited trade union activity became possible in certain crafts. By 1861

a number of trade unions of skilled workers existed in Britain, forming the TRADES UNION

CONGRESS (TUC) in 1868, gaining some legal status in 1871, and the right to picket peacefully

in 1875.2 With the development of mass-production methods in the industrialized countries large

numbers of semi-skilled and unskilled workers were recruited, and from the 1880s attempts were

made to organize these into unions. These attempts were more successful in Britain and in

Europe than in the USA, where cheap immigrant labour was for long available. Unions emerged

in Australia and New Zealand and in other British dominions in the 19th century.3

Origins and early history

2
Wikipedia-http://en.wikipedia.org/wiki/trade_union
3
Ibid

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In United States

Early efforts to organize workers in the United States were short-lived, often collapsing after an

economic downturn. Strikes, labour unrest, and the occasional riot increased antiunion sentiment.

After 1900 unions began to gain strength, and the government made efforts to prevent industrial

strife.

Knights of Labour, it was the first national

Trade union in the United States.

Until the Great Depression of the 1930s, social attitudes and the political climate in the United

States were not favourable to labour unions. In the Loewe v. Lawlor decision of 1908, the

Supreme Court of the United States upheld a judgment against the United Hatters of North

America because the union had organized a consumer boycott against a nonunion producer in

Danbury, Connecticut (see Danbury Hatters Case). The Supreme Court based its decision on the

view that the actions of the hatters’ union reduced the flow of goods in interstate commerce and

thus constituted restraint of trade in violation of the Sherman Antitrust Act. In subsequent

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decisions, the Court used the antitrust analogy to outlaw strikes that affected interstate

commerce. This interpretation of antitrust laws remained in force until 1940. The unfriendly

social, legal, and political environment kept union membership in check.

Employers also made frequent use of so-called yellow-dog contracts. These contracts stipulated

that as a condition of employment, the worker agreed not to join a union. When unions attempted

to organize workers who had signed these contracts, the courts found them guilty of a breach of

contract. In 1908 the Supreme Court upheld the constitutionality of yellow-dog contracts in

Adair v United States, which overturned a federal law of 1898 that had prohibited such contracts.

As part of the legislative program associated with the New Deal, the legal environment

regulating the relationship between labour unions and private-sector firms began to change in the

1930s. Worker protests and strikes were also instrumental in bringing about changes in the

political climate. Four major pieces of federal legislation now regulate the labour movement in

the United States:

The Norris-La Guardia Anti-Injunction Act of 1932 restricts the employer’s use of court orders

to hamper union organizing drives and limit strikes. It also made yellow-dog contracts

unenforceable in federal courts.

The National Labour Relations Act of 1935, also known as the Wagner Act, defines a set of

unfair labour practices for employers. It requires that employers bargain with unions and not

interfere with the worker’s right to organize. Among the specific unfair labour practices

prohibited are firing workers involved in union activities and discriminating against workers who

support a union. The act also established the National Labour Relations Board (NLRB), an

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independent government agency that can investigate unfair labour practices and order the stop of

such practices. The NLRB also runs certification elections in which workers decide if a

particular union is to represent them in collective bargaining.

The Labour-Management Relations Act of 1947, also known as the Taft-Hartley Act, curbed

union power by permitting states to pass right-to-work laws. These laws prohibit unions from

requiring that workers become union members as a condition of employment in unionized firms.

The Taft-Hartley Act also gave workers the right to hold elections that would decertify a union

from representing them in collective bargaining. This emphasis on the rights of workers not to

join unions and not to participate in collective bargaining represented another shift in the

political climate regarding labour.

The Labour-Management Reporting and Disclosure Act of 1959, known as the Landrum-Griffin

Act, require the complete disclosure of union finances. The Landrum-Griffin Act also requires

unions to hold regularly scheduled elections so as to make the leadership more accountable to the

members.

Labour policy was also influenced by the executive branch. Executive Order 10988, issued by

President John F. Kennedy in 1962, granted federal government workers the right to organize.

Until then, federal workers were prohibited from joining unions. A number of state laws later

extended the right to organize to state and local government workers in many jurisdictions. Only

18.5 percent of public-sector workers belonged to unions in 1970. By 1999 this percentage had

risen to 37.3 percent.

In Britain

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Trade unions, retaining some of the benefit functions of the old craft guilds, emerged in the 18th

century as conflicts between capital and labour increased and state protection collapsed before

the rise of the factory system. Fear of revolution led to the combination laws of 1799-1800; this

legislation was ineffective, forcing unions underground. Eventually, unions were given legal

recognition under the Act of 1825. Most unions were local, small, and based on public houses or

‘houses of call’.

Owenite utopianism stimulated the rise of general unions. Older unionism existed alongside

attempts to found a Grand National Consolidated Trade Union;4 when this grandiose

organization collapsed in 1834-5, continuity was maintained by ‘the aristocracy of labour’. After

the depression of the early 1840s national unions of skilled trades either revived or were

founded. Trades councils were created by unions; from the London Trades Council emerged the

Trades Union Congress (1868).5

Membership of unions rose about 750, 000 in 1888 to over 4 million by 1913. Individual unions

increased in size. Industrial strife was widespread in the years before 1914, provoked by falling

living standards and a growing radicalism associated with syndicalist ideas. The Triple Alliance

of transport workers, miners, and railwaymen was in existence by 1914, with a strategy of

sympathy strikes in place. Thus the ground was drawn for the sharp class conflicts of the 1920s

including the General Strike of 1926. Trade union membership declined during the Great Slump,

only reviving in the late 1930s.

4
www.answer.com/topic/grand-national-consolidated-trade-Union
5
www.answer.com/topic/trades-union-congress

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During the Second World War (1939-45) trade union membership increased from about 6, 250,

000 in 1939 to nearly 8 million in 1945. By 1979 there were about 13, 500, 000 members or 58

per cent of those in work. After 1979 trade union membership fell to under 10, 250, 000 by 1988

or 37.6 per cent of the labour force. Hostile legislation designed to remove union power was a

feature of the policies of Thatcherite Conservatism. Plant bargaining began to replace national

negotiations. A significant change was the Labour Party's distancing itself from the union

movement, with which it had been closely associated since its birth.

In other European Countries

The early trade unions in Europe encountered resistance from employers and government. In

England, laws passed in 1799 and 1800 declared that combinations of workers to improve their

wages or hours were illegal conspiracies in restraint of trade. Similar restrictive labour laws were

passed in other European countries.

Gradually, social reformers pressed for laws to relieve the effects of industrialization on workers.

England passed a law requiring government factory inspectors in 1833. France enacted a child-

labour law in 1841, and Austria followed suit the next year. Barriers to unions were slowly lifted

as well. Resistance from employers, however, made many early labour laws and unions

ineffective. This resistance to labour reforms helped lead to revolutionary movements in Europe.

German political philosopher Karl Marx, for example, argued that the exploitation of labour

would lead the working classes to overthrow their governments and set up a socialist, classless

society of shared resources. In various European countries, both democratic and nondemocratic,

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workers’ movements began to advocate socialism and, after the Russian Revolution of 1917,

communism.

A number of European political parties that began with socialist goals continue to represent

labour, although today they have much broader bases of support and platforms. These political

parties include Britain’s Labour Party, Germany’s Social Democratic Party, France’s Socialist

Party, and Italy’s Democratic Party of the Left (formerly Communist Party).

Historical evolution of Labour & Trade Union Law in Sub-continent

Countries in South Asia have a common colonial heritage. Although legal systems vary today,

the origins of much existing law in the sub-continent lies in the British system of common law

which was received in the region, beginning with the Charter Act of 1726, and modified by the

notions of “equity, justice and good conscience.” By the middle of the nineteenth century,

British colonialism had established its dominance over much of present day India, Pakistan,

Bangladesh and Sri Lanka. The Law Commission set up in 1856, led by Lord Macaulay, drafted

a series of laws for this region, some of which are still in force today.

The British law of master and servant laid the foundation for much of the present labour law.

Actions for breach of contract were not civil remedies; rather criminal sanctions were imposed.

This curious mix of criminal and civil remedies in labour law continues to find expression in the

region, as for instance in India where denial of the minimum wage can result in an application to

the designated authority for back wages, and a possible prosecution of the employer by the

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inspector with the prior sanction of the government. An additional feature in this region has been

the specific performance of a contract of employment when it was breached (instead of the usual

claim for damages). This was enforced quite vigorously in the colonies to fulfil the urgent need

for labour in South Asia and other parts of the world. At the same time, the idea of a contract of

employment, with its implied notions of consensus ad idem, and freely given consent to the

terms of employment, meant that criminal remedies for breach of a contract of employment or

the specific performance of the contract by compelling the deserters to work, could not be

equated with slavery or its equally barbaric South Asian cousin – bonded labour.

The second influence on the formation of labour law was the creation of the ILO and the impetus

it gave to law-making in the region. Laws such as the Workmen’s Compensation Act

1923 (1935 for Sri Lanka), Trade Unions Act 1926 (1935 Trade Union Regulations for Sri

Lanka), Trade Disputes Act 1929 (replaced in India, Pakistan and Bangladesh by the Industrial

Disputes Act, 1947 and Industrial Disputes Act, 1950 for Sri Lanka) were adopted in the entire

region.

A third phase in the formation of South Asian labour law was the period following independence

(India, Pakistan, Sri Lanka) and the start of the democratization process (Nepal), in the middle of

the twentieth century. This coincided with a thrust towards industrialization and towards

developing what (in India) has been referred to as the ‘commanding heights’ of the economy.

Based on the new Constitutions drafted in the course of movements for independence and social

justice, there was a strong emphasis on basic rights of equality and freedom and a focus on the

need to eradicate poverty and discrimination. Countries like India and Sri Lanka had a clear

orientation towards a socialistic model of society, and their governments emerged as the biggest

employer. The state and public sector dominated much of the secondary and tertiary sectors.

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Strong trade unions had already emerged in the colonial period and these were strengthened and

seen as partners in the planned development of the newly independent countries. Much of the

legislation passed in this period relates to the organized, industrial and formal part of the

economy. Much of the attention in labour matters, by scholars based in the South Asian region

and abroad, in this period also focused on industrial relations, with theoretical and empirical

work in this area. Also need to point out that the industrial relations systems that emerged in this

period were a compact between trade unions and management, with an important role played by

the state, in order to fulfil the goals of planning and rapid industrialization. It must be noted that

labour policies were strongly “industrial relations-centric” in the sense of concentrating on

labour relations in the formal sector which most closely mimicked the “West” labour relations in

the unorganized sector were largely ignored.

In the past two decades several changes have been taking place in the labour laws of the South

Asia region. The process of liberalizing and opening up the economy in India has brought about

demands for urgent changes in the labour law. Changes to the labour law in Pakistan were made

against the background of the proclamation of emergency (Industrial Relations Ordinance,

2002). The procedure for dispute resolution was streamlined in Sri Lanka (Industrial Disputes

(Amendment) Act, 1990. No. 32) and the revamped Labour Act, 1992 of Nepal followed the

restoration of democracy there, by enacting Bangladesh Labour Act,2006; Bangladesh has

consolidated all Labour law in one Legislation. These changes reflect the repositioning of labour

law in this region. Instead of acting as a protective measure to secure workers’ rights labour law

is now considered to be a way to ensure faster growth and flexibility. It is also a way to make the

region an attractive destination for investment.

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Trade Union History of Bangladesh

In the early stage of industrial development when there were personal contacts between

employers (master) and workers (employee), there was no need of any organisation to determine

relations between the two. But under the modern factory system the personal touch is absent and

the relations between the employer and the worker have come under strain. The conflict of

interests between buyer and seller of labour power has become conspicuous and this has led to

the rise of trade union movement throughout the world. The tradition of the parallel development

of the nationalist and the trade union movement, which had originated in British India continued

through the Pakistan period down to the birth of Bangladesh.

For the first time in India the Bombay Mill Hands Association was formed on 24 April 1890.

This gave impetus to the trade union movement in British India. The establishment of ILO in

1919 provided a source of inspiration for the workers to organise themselves and shape their

destiny. India's membership of the same exerted great influence in the formation of a central

organisation of workers called 'All India Trade Union Congress' (AITUC) in 1920 for the

purpose of conducting and co-ordinating the activities of the labour organisations.6

The period from 1924 to 1935 may be considered as the era of revolutionary trade union

movement. MN Roy, Muzaffer Ahmed, SA Dange and Shawkat Osmani led the trade union

movements and as a result the political consciousness among industrial workers increased. To

control the movement, the British government adopted ruthless measures (eg, Kanpore

6
Banglapedia-National Encyclopedia of Bangladesh

16
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Conspiracy Case and Meerat Conspiracy Case) against the militant workers and trade union

leaders, but no strategy could suppress the trade union movement; rather the colonial resistance

invigorated the movement against the colonial power. Later, the trade union movement was

closely linked with nationalist movements and the working class started vigorous struggle for

emancipation from extreme repression and economic exploitation by the colonial regime. 7

At the time of Partition of Bengal (1947), most trade union leaders were Hindus and when they

migrated to India, a void was created in leadership in the trade union movement of Pakistan,

especially in its eastern wing. Moreover, the institutions to advance workers' interest were mostly

situated in areas outside Pakistan. There were barely 75 registered trade unions in the whole of

Pakistan, compared to 1987 in undivided India in 1946. Of this small number of trade unions, the

larger share fell to West Pakistan, leaving only a very few for the eastern wing, where there were

only 141 factories with 28,000 workers and 30 unions in all with a total of 20,000 members.8

During Pakistan period most trade union leaders held conflicting views and the trade unions were

fragmented and weakened. As a result, the trade union movement met a setback and the trade

union activities passed into the hands of petty bourgeoisie leadership. Moreover, the trade union

movement in Pakistan was characterised by fragmentation of unions, prolonged strikes,

retaliatory lockouts and picketing which sometimes led to violence.

As the trade union movement in Bangladesh originated in British India and Pakistan, it naturally

retained its old character of working more as a nationalist force against colonial domination than

as a class force vis-a-vis capitalist exploitation. As a result, the trade union movement of the

7
ibid
8
Banglapedia-National Encyclopedia of Bangladesh

16
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region that had gained momentum in the hands of political leaders stood divided along the

political and/or ideological lines in independent Bangladesh.

During this period, the trade union movement was marked by direct interference by the

government and the ruling party in its internal affairs. In many industrial belts terrorism was let

loose by the men of the labour front of the then ruling party and tried to drive out the honest

trade unionists from the leadership of the unions. Moreover, the barring of outsiders from trade

union leadership at the basic union level made the process of union hijacking very easy and

turned the workers into a very weak and defenceless community.

In the early 1980s, the military government of Bangladesh banned all trade union activities in the

country. Then an alliance of the National Federation of Trade Unions (NFTUs) emerged in the

name of Sramik Karmachari Oikka Parishad (SKOP) to establish the democratic rights of

workers as well as to fulfil their economic demands. Most NFTUs were in SKOP and since 1983,

most trade union movements in Bangladesh have been organised under the leadership of SKOP.

Chapter III

Present situation of Trade Unions in world wide

Structure and politics

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Unions may organize a particular section of skilled workers (craft unionism), a cross-section of

workers from various trades (general unionism), or attempt to organize all workers within a

particular industry (industrial unionism). These unions are often divided into "locals", and united

in national federations. These federations themselves will affiliate with Internationals, such as

the International Trade Union Confederation.

In many countries, a union may acquire the status of a "juristic person" (an artificial legal entity),

with a mandate to negotiate with employers for the workers it represents. In such cases, unions

have certain legal rights, most importantly the right to engage in collective bargaining with the

employer (or employers) over wages, working hours, and other terms and conditions of

employment. The inability of the parties to reach an agreement may lead to industrial action,

culminating in either strike action or management lockout, or binding arbitration. In extreme

cases, violent or illegal activities may develop around these events.

In other circumstances, unions may not have the legal right to represent workers, or the right may

be in question. This lack of status can range from non-recognition of a union to political or

criminal prosecution of union activists and members, with many cases of violence and deaths

having been recorded both historically and contemporarily.

Unions may also engage in broader political or social struggle. Social Unionism encompasses

many unions that use their organizational strength to advocate for social policies and legislation

favourable to their members or to workers in general. As well, unions in some countries are

closely aligned with political parties.

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Unions are also delineated by the service model and the organizing model. The service model

union focuses more on maintaining worker rights, providing services, and resolving disputes.

Alternately, the organizing model typically involves full-time union organizers, who work by

building up confidence, strong networks, and leaders within the workforce; and confrontational

campaigns involving large numbers of union members. Many unions are a blend of these two

philosophies, and the definitions of the models themselves are still debated.

Although their political structure and autonomy varies widely, union leaderships are usually

formed through democratic elections.

Some research, such as that conducted by the Australian Centre for Industrial relations

Research and Training (ACIRRT), argues that unionized workers enjoy better conditions and

wages than those who are not unionized.

In Britain, the perceived left-leaning nature of trade unions has resulted in the formation of a

reactionary right-wing trade union called Solidarity which is supported by the far-right British

National Party.

Diversity of international unions

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As labour law varies from country to country, so is the function of unions. For example, in

Germany only open shops are legal; that is, all discrimination based on union membership is

forbidden. This affects the function and services of the union. In addition, German unions have

played a greater role in management decisions through participation in corporate boards and co-

determination than have unions in the United States.

In Britain, a series of laws introduced during the 1980s by Margaret Thatcher's government

restricted closed and union shops. All agreements requiring a worker to join a union are now

illegal. In the United States, the Taft-Hartley Act of 1947 outlawed the closed shop, but

permitted the union shop unless the state government chose to prohibit it.

In addition, unions' relations with political parties vary. In many countries unions are tightly

bonded, or even share leadership, with a political party intended to represent the interests of

working people. Typically this is a left-wing, socialist, or social democratic party, but many

exceptions exist. In the United States, by contrast, although it is historically aligned with the

Democratic Party, the labour movement is by no means monolithic on that point; this is

especially true among the individual "rank and file" members. For example, the International

Brotherhood of Teamsters has supported Republican Party candidates on a number of occasions

and the Professional Air Traffic Controllers Organization (PATCO) endorsed Ronald Reagan in

1980. (However, when PATCO went on strike in violation of their "no strike" contract, President

Reagan ordered them back to work. Those who didn't return to the job were fired and replaced,

effectively destroying PATCO.) The AFL-CIO has been against liberalizing abortion, consistent

with a Republican position, so as not to alienate its large Catholic constituency. In Britain the

labour movement's relationship with the Labour Party is fraying as party leadership embarks on

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privatization plans at odds with what unions see as the worker's interests. On top of this in the

past there as been a group known as the Conservative Trade Unionists or CTU. A group formed

of people who sympathized with right wing Tory policy but were Trade Unionists.9

In Western Europe, professional associations often carry out the functions of a trade union. In

these cases, they may be negotiating for white-collar workers, such as physicians, engineers, or

teachers. Typically such trade unions refrain from politics or pursue a more ordoliberal politics

than their blue-collar counterparts.

In Germany the relation between individual employees and employers is considered to be

asymmetrical. In consequence, many working conditions are not negotiable due to a strong legal

protection of individuals. However, the German flavour or works legislation has as its main

objective to create a balance of power between employees organized in unions and employers

organized in employers associations. This allows much wider legal boundaries for collective

bargaining, compared to the narrow boundaries for individual negotiations. As a condition to

obtain the legal status of a trade union, employee associations need to prove that their leverage is

strong enough to serve as a counterforce in negotiations with employers. If such an employees

association is competing against another union, its leverage may be questioned by unions and

then evaluated in a court trial. In Germany only very few professional associations obtained the

right to negotiate salaries and working conditions for their members, notably the medical doctors

association Marburger Bund and the pilots association Vereinigung Cockpit. The engineers

association Verein Deutscher Ingenieure does not strive to act as a union, as it also represents the

interests of engineering businesses.

9
Wikipedia-http://en.wikipedia.org/wiki/trade_union

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Finally, the structure of employment laws affects unions' roles and how they carry out their

business. In many western European countries wages and benefits are largely set by

governmental action. The United States takes a more laissez-faire approach, setting some

minimum standards but leaving most workers' wages and benefits to collective bargaining and

market forces. Historically, the Republic of Korea has regulated collective bargaining by

requiring employers to participate but collective bargaining has been legal only if held in

sessions before the lunar new year. In totalitarian regimes such as Nazi Germany, Trade Unions

were outlawed. In the Soviet Union and China, unions have typically been de facto government

agencies devoted to smooth and efficient operation of government enterprises.

Worldwide and international cooperation

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10

Unionization in the world

The largest organization of trade union members in the world is the Brussels-based International

Trade Union Confederation, which today has approximately 309 affiliated organizations in 156

countries and territories, with a combined membership of 166 million. Other global trade union

organizations include the World Federation of Trade Unions.

National and regional trade unions organizing in specific industry sectors or occupational groups

also form global union federations, such as Union Network International, the International

Federation of Journalists or the International Arts and Entertainment Alliance

Chapter IV

10
Wikipedia-http://en.wikipedia.org/wiki/trade_union

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DEFINTION OF TRADE UNION

Generally Trade Union means an association of workers. A trade union is an essential institution

in an industrial organization. Trade union means any combination, whether temporary or

permanent, formed primarily for the purpose of regulating the relations between workmen and

employers, or between workmen and workmen, or between employers and employers, or for

imposing restrictive conditions on the conduct of any trade or business, and includes any

federation of tow or more trade unions.

As per Oxford Dictionary Trade union is an organization of workers, usually in a particular

industry, that exists to protect their interests, improve condition of work, etc.

As per Concise law Dictionary Trade union is an organisation of worker formed for mutual

protection and assistance and for the purpose of improving their condition in employment.

As per Law Encyclopaedia Trade Union is an organization of workers in the same skilled

occupation or related skilled occupations who act together to secure for all members favourable

wages, hours, and other working conditions.

As per Wikipedia A trade union or labour union is an organization run by and for workers who

have banded together to achieve common goals in key areas and working conditions. The trade

union, through its leadership, bargains with the employer on behalf of union members and

negotiates labour contracts (Collective bargaining) with employers.

As per Microsoft Encarta Trade Union is an association of workers that seeks to improve the

economic and social well-being of its members through group action. A Trade union represents

16
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its members in negotiations with an employer over all aspects of an employment contract,

including wages and working conditions.

As per Investment Dictionary Trade union is an association of workers united as a single,

representative entity for the purpose of improving the workers' economic status and working

conditions through collective bargaining with employers.

As per definition of London South East financial information websites- Trade Union is a

group of employees in a particular sector, whose aim is to negotiate with employees over pay,

job security, working hours, etc, using the collective power of the members. They are funded by

subscriptions from members, and often offer legal advice and strike pay during disputes when

members refuse to work. In general, the union is there to represent the interests of its members,

and may even engage in political activity where legislation effects their members.

As per Business Dictionary.Com Definition Trade union is an Organization whose

membership consists of workers and union leaders, and whose principal purposes are to (1)

negotiate wages and working condition terms, (2) regulate relations between workers (its

members) and the employer, (3) take collective action to enforce the terms of collective

bargaining, (4) raise new demands on behalf of its members, and (5) help settle their grievances.

As per Indian Trade Unions Act, 1926 "Trade Union" means combination, whether temporary

or permanent, formed primarily for the purpose of regulating the relations between workmen and

employers or between workmen and workmen, or between employers and employers, or for

imposing restrictive condition on the conduct of any trade or business, and includes any

federation of two or more Trade Unions;

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As per definition given in section 2(15) of the Bangladesh Labour Act, 2006 trade union

means trade union of workers or employers registered and constituted under Chapter thirteen of

the Bangladesh Labour Act, 2006, on the view of Chapter thirteen trade union may be

constituted with an object of imposing restrictive condition on the conduct of any trade or

business. A trade union is formed for the purpose of regulating the relations between workmen

and workmen; or workmen and employers or employers and employers. A trade union also

includes any federation of trade unions will be included in it. Trade union is an association of

workmen, usually but not necessarily, employed in the same trade, for the purpose of combined

action in securing the most favourable wages and conditions of labour. A trade union is

especially limited in membership to people in the same trade or business. An association of

workers united as a single, representative entity for the purpose of improving the workers'

economic status and working conditions through collective bargaining with employers. There are

two types: the horizontal union, in which all members share a common' skill, and the vertical

union, composed of workers from across the same industry. The statutory definition of trade

union also expressly includes federation or confederation of unions. An organization formed to

negotiate with employers, on behalf of workers collectively, about job-related issues such as

salary, benefits, hours and working conditions.

CHAPTER V

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RIGHT TO FREEDOM OF ASSOCIATION & TRADE UNIONS

The Bangladesh constitution guarantees freedom of association, the right to join unions, and,

with government approval, the right to form a union. The right to association is guaranteed by

Article 38 of the Bangladesh Constitution imparting on every citizen the right to form

associations or unions, subject to any reasonable restrictions imposed by law in the interest of

sovereignty or integrity of Bangladesh, public order or morality. The right of freedom of

association is constitutionally recognized in all citizens of Bangladesh as well as workers. It is

also recognized as worker rights internationally. Before the enactment of the Bangladesh Labour

Act, 2006, the Industrial Relations Ordinance of 1969 consolidates the laws relating to formation

of trade unions, employee/employer relationships, and regulations covering disputes that may

arise between workers and employers. Section 176 of the Bangladesh Labour Act, 2006

ornately describes that every worker has right to constitute of a trade union and to join

association of their own choice. The right to form an association or union embraces the right to

form a trade union and also the right to continue and carry on the activities of the association. It

covers the whole of Bangladesh, with the exception of the EPZs and affords workers the right to

join any organization of their choosing without prior authorization of their employers. According

to the 87th and 98th Conventions of the ILO, the right to formation of trade union and to join of

any association have been given to the worker in Bangladesh. Trade unions and employers

associations have the right to create their own constitutions and rules, to elect representatives,

and to organize, administer and formulate their own individual programs. A Trade Union of

employees has been recognized as a very effective vehicle of such collective bargaining. Both

employers and employees may join or establish federations or confederations and affiliate with

international organizations or confederations of employees or employers.

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PURPOSES OF TRADE UNION

The Bangladesh Labour Act, 2006 provides for registration of trade unions with a view to render

lawful organisation of labour to enable collective bargaining. It also confers on a registered trade

union certain protection and privileges. The Act extends to the whole of Bangladesh and applies

to all kinds of unions of workers and associations of employers, which aim at regularising labour

management relations. A Trade Union is a combination whether temporary or permanent, formed

for regulating the relations not only between workmen and employers but also between workmen

and workmen or between employers and employers. The principal purpose of the trade union

must be within the scope of the thirteen Chapter/ Although the object with which a trade union is

formed may be collective bargaining, the right of collective bargaining is not included in the

fundamental rights to form an association of union. Article 19 (l) (c) A trade union maybe

formed for the purpose of regulating the relations between workmen and workmen; or workmen

and employers or employers and employers. It may also be formed for the purpose of imposing

restrictive conditions on the conduct of any trade or business, and includes any federation of two

or more trade unions. Some of the important objectives of a trade union are as follows.

The fundamental purpose of the trade union is to promote, generally, the social, civic and

political interest of the working class;

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Trade unions usually do the insurance of the labour or take lots of initiative for the

welfare of the family members of the labours or establish co-operative societies. So it

works as an executor of mutual assurance.

To secure the job. They give the assurance that if any labour faces any problem they will

raise the voice in favour of him.

To secure speedy improvement of conditions of work and life and of status of the

workers in industry and society;

To secure increasing association of the workers in the administration of industry and their

full participation in its control;

To lead in industrial action; the inability of the parties to reach an agreement may lead to

industrial action, culminating in either strike action or management lockout or resistance

to lockouts or binding arbitration in furtherance of particular goal.

To obtain for the workers various measures of social security, including adequate

provision in respect of accidents, maternity, sickness, young persons and unemployment;

Trade unions create awareness among the labours regarding their rights, facilities and

obligation.

If the collective bargaining Agent fails then the trade union can take legal actions though

the Labour court and can follow other legal provisions of the Labour law to get their

rights. In many countries, a union may acquire the status of a “juristic person” (an

artificial legal entity), with a mandate to negotiate with employers for the workers it

represents.

To secure a living wage for every worker in normal employment and to bring about a

progressive improvement in the workers standard of living;

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To establish just industrial relations; if their are any dispute between labour and

employers trade union try to solve the disputes though negotiation and maintain healthy

relations between them. Any industrial dispute can only be raised by collective

bargaining agent or employers in the manner prescribed and not otherwise.

To secure redressed of grievances, without stoppage of work, means of negotiation and

conciliation and failing these, arbitration of adjudication;

To make necessary arrangement for efficient conduct and satisfactory and speedy

conclusion of authorized strikes;

To develop, in the workers a sense of responsibility towards industry and the community;

To raise the workers standard of efficiency and discipline.

Trade union may promote legislation favourable to the interests of their members or

workers as a whole. To this end they may pursue campaigns, undertake lobbying, or

financially support individual candidates or parties (such as the labour party in Britain)

for public office. According to Sidney and Beatrice web, the fundamental objectives of

trade union are the deliberate regulation of the condition of employment in such a way as

toward and off from the mutual working procedures the evil effect of industrial

competition.

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Chapter VI

Trade union According to Bangladesh Labour Act, 2006

SPECIAL DEFINITION OF WORKER

Section 175 of the Act has given the special definition of worker. According to section 175 of

the Act, "worker" means a worker as defined in section 2(65), arid for the purpose of any

proceedings under this Chapter in relation to an industrial dispute includes a person who has

been dismissed, discharged, retrenched, laid off or otherwise removed from employment in

connection with or as a consequence of that dispute or whose dismissal, discharge, retrenchment,

lay off or removal has led to that dispute, but does not include a person employed as a member of

the watch and ward or security staffer fire service staff or confidential assistant of any

establishment.

Section 176 of the Bangladesh Labour Act, 2006 stipulates the following provisions regarding

workers' and employers' trade unions:

a) Workers, without distinction whatsoever, shall have the right to establish and, subject only to

the rules of the organization concerned, to join associations of their own choosing primarily for

the purpose of regulating the relations between workers and employers or workers and workers;

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b) employers, without distinction whatsoever, shall have the right to establish and, subject only

to rules of the organization concerned, to join associations of their own choosing primarily for

the purpose of regulating the relations between employers and workers or employers and

employers;

c) workers' and employers' trade unions shall have the right to establish and join federations , and

any such union or federation shall have the right to affiliate with international organizations and

confederations of workers’ and employers’ organizations.

d) trade unions and employers' associations shall have the right to draw up their constitutions and

rules, to elect their representatives in full freedom, to organize their administration and activities

and to formulate their programmers.

‘ln 2000, there were 404 new trade unions established, bringing 'the registered total to 6,304 with

individual membership at 1,905,450. The most recent figures put the total labour force at 64.1

million. Bangladeshi trade unions participate in ILO activities, and five are members of the

International Confederation of Free Trade Unions: the Bangladesh Free Trade Union Congress;

the Bangladesh Jatyatabadi Sramik Dal; the Bangladesh Mukto Sramik Federation; the Jatiq

Sramik League; and the Jatiya Sramik Party. With the exception of workers in the railway,

postal, telegraph, and telephone sectors, state administration workers are forbidden to join

unions. However, some workers covered by this ban have formed unregistered unions. The ban

also applies to security-related government employees, such as in the military and police.

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REGISTRATION OF TRADE UNIONS

Registration of a trade union is to be made under the Bangladesh Labour Act, 2006. Workers'

trade unions are registered with the Registrar of Trade Unions, after fulfilling a number of

requirements, listed in section 179 of the Bangladesh Labour Act, 2006. Through its registration,

the trade union obtains certain benefits: registration confers a legal existence as an entity separate

from its members. Trade unions in Bangladesh generally function on plant-wide basis, with their

membership contingent on the size of the industry/trade to which they belong. Once established,

the trade unions and employers' associations have the right to draw up their constitutions and

rules, to elect their representatives in full freedom, to organize their administration and activities

and to formulate their programmes.

LEGAL STATUS OF REGISTERED TRADE UNIONS

A registered trade union is a statutory body. It has legal entity. It can own property and can act as

an agent. It can acquire and hold both movable and immovable properties, contract and sue and

be sued by the name in which it is registered. According to section 194(1) of the Labour Act,

every registered trade union shall be a body corporate by the name under which it is registered,

shall have perpetual succession and a common seal and the power to contract and to acquire,

hold and dispose of property, both movable and immovable, and shall by the said name, sue or

be sued. A registered trade union has a legal entity for the following grounds:

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A registered trade union is a body corporate with perpetual succession and a common

seal.

It can acquire, hold sell or transfer any movable or immovable property and can be a

party to contracts.

It can sue and be sued in its own name

No civil suit or other legal proceeding can be initiated against a registered trade union in

respect of any act done in furtherance of a trade dispute under certain conditions. The

registered trade union is granted immunity from criminal and civil liability in certain

cases singled out under sections 197 & 198 of the Labour Act.

No agreement between the members of a registered trade union shall be void or voidable

merely on the ground that any of its objects is in restraint of trade.

MODES OF REGISTRATION

The Bangladesh Labour Act, 2006 introduced the office of Registrar of trade union and made

registration the pathway to any organizational benefits to be gained under the Act.

Application for registration:

Any trade union may, under the signature of its President and the Secretary, apply for the

registration of the trade union under this Chapter to the Registrar of Trade Unions of the

concerned area

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Conditions for application for registration of trade union:

According to section 178 of the Bangladesh Labour Act, every application for registration of a

trade union shall be made to the Director of Labour or to an officer, authorized in this respect.

Every application for registration shall be made to the Registrar of Trade Union and shall be

accompanied with three copies of the constitution of the trade union together with a copy of the

resolution by the members of the trade union adopting such constitution bearing the signature of

the Chairman of the meeting and a copy of the resolution by the members of the trade union

authorizing its President and the Secretary to apply for its registration; and a statement showing

the following information, namely2-

i) the name of the trade union and the address of its Head Office;

ii) date of formation of the union;

iii) the titles, names, age, addresses and occupations of the officers

of the trade union; iv) statement of total paid membership;

v) name and number of total workers of the establishment with which the trade union is

associated; and

vi) in Case of a federation of trade unions, the names, addresses and registration number of

member unions and in case of a federation ; of trade unions, a copy of the resolution from

each of the constituent unions agreeing to become a member of the federation.

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Upon receipt of an application under sub-section (i), the Director of Labour or the officer

authorized in this respect shall immediately forward a copy thereof (together with a list of the

officers of the union) to the employer concerned for his information.' 3 Provided that in case of a

group of establishments, the Registrar, of Trade Unions shall cause public advertisement together

with a list or the officers of the union at the cost of the applicant

Substantial Requirements for registration:

To be entitled to registration of a trade union must fulfilment some condition under section 179.

A trade union, it has a minimum membership of thirty percent of the total number of workers

employed in the establishment in which it is formed, shall not be entitled to registration under

this Chapter unless the constitution there of provides for the following matters, namely:-

a) the name and address of the trade union;

b) the objects for which the trade union has been formed;

c) the manner in which a worker may become a member of the trade union specifying

therein that no worker shall be enrolled as its member unless he applies in the form set

out in the constitution , declaring that 'he is not a member of any other trade union;

d) the sources of the fund of the trade union and the purposes for which such fund shall

be applicable;

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e) the conditions under which a member shall be entitled to any benefit assured by the

constitution of the trade union and under which any fine or forfeiture may be imposed on

him; ;

f) the maintenance of a list of the members of the trade union and of adequate facilities

for the inspection thereof by the officers and members of the trade union;

g) the manner in which the co situation shall be amended, varied or rescinded;

h) the safe custody of the funds of trade union, its annual audit, the manner of audit and

adequate facilities for inspection bf the

account books by the officers and members of trade union;

i) the manner in which the trade union may be dissolved;

j) the manner of election of officers by the general body of the trade union and the term,

not exceeding two years, for which an officer may hold office upon his election or re-

election;

k) the number of officers, as prescribed by rules, must not be less

than five and more than thirty five;

1) the procedure for expressing want of confidence against any

officer of the trade union; and

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m) the meetings of the executive and of the general body of the trade union, so that the

executive shall meet at least once in every three months and the general body at least

once every year.

Duties of the Director of Labour on submission of an application:

Section 182 provides that the Director of Labour, on being satisfied that the trade, union has

complied with all the requirements of this Chapter, shall register the trade union in a prescribed

register and issue a registration certificate in the prescribed form within a period of sixty days

from the receipt of the application. In case the application is found by the Director of Labour to

be deficient in a material respect or respects he shall communicate in writing his objections to the

trade union within a period of 15 days from the receipt of the application and the trade union

shall reply thereto within a period of fifteen days from the receipt of the objections. When the

objections raised by the Director of Labour have been satisfactorily met, the Director of Labour

shall, register the trade union as provided in sub-section (1). In case the objections are not

satisfactorily met the Director of Labour may reject the application. In case the application has

been rejected or the Director of Labour has. after settlement of the objections, delayed disposal

of the application beyond the period of sixty days provided in sub section (1), the trade union

may appeal to the Labour Court within thirty days from the date of such rejection or the date of

the expiry of the said time limit, whichever is earlier. On hearing the appeal, if it thinks proper,

the Labour Court may, or reasons to be stated in their judgment, pass an order directing the

Director of Labour to register the trade union and to issue a certificate of registration within

seven days from the date of the order or may dismiss the appeal. Any party aggrieved by the

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judgment of the Labour Court given under sub-section (5) may, within thirty, days of the receipt

of the order thereof, appeal to the Labour Appellate Tribunal.

• Issuing the certificate of registration:

According to section 189 of the Bangladesh Labour Act, the Director of Labour, on registering

a trade union under section 182, shall issue a certificate of registration in the prescribed form

which shall be conclusive evidence that the trade union has been duly registered under this

Chapter.

CANCELLATION OF REGISTRATION

Section 190 of the Act gives powers to the Director of Labour to cancel the certificate of

registration under following circumstances:

a) if the trade union has applied for such cancellation;

b) if the trade union has ceased to exist;

c) if the trade union has obtained registration by fraud or by misrepresentation of a facts;

d) if the trade union has contravened any of the fundamental provisions of its constitution;

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e) if the trade union has committed any unfair labour practice; Section 190(4) states that the

registration of a trade union shall not be cancelled on the ground of unfair labour practice if the

application to the Labour Court is not submitted within three months from the date of

commission of the alleged unfair labour practice.

f) if the trade union has a membership which has fallen below the number required under this

Chapter; or

g) if the trade union has contravened any of the provisions of this Chapter or the rules.

Where the Director of Labour is satisfied after investigation that the registration of a trade union

should be cancelled, he shall submit an application to the Labour Court praying for permission to

cancel such registration.' The Director of labour shall cancel the Registration of a trade union

within thirty days from the date of receipt of permission from the Labour Court

Apple against Cancellation

Section 191 of the Bangladesh Labour Act stipulates that any person aggrieved by an order of

the Labour Court granting or refusing permission of cancellation of the registration of a trade

union under section 190 or by an order of the Director of Labour given under that section

cancelling the registration of a trade union may, within thirty days from the date of the order,

appeal to the Labour Appellate Tribunal and the decision of the Tribunal on this shall be final.

Where an appeal is preferred under sub-section (1), the trade union concerned shall, pending

disposal of the appeal, be given permission to carry on its function.

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RESTRICTION ON DUAL MEMBERSHIP

Section 192 of the Act provides that no employer or worker shall be entitled to enroll himself as,

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

same time. LEGAL CHARACTER AND INCORPORATION OF TRADE UNION

A trade union is an incorporated association under section 194 of the Act. But it is an

unincorporated association at common law, which means prima facie it is not a separate entity

from its members, and its property must rest in the hands of trustees/ Lord Motion said that a

union was 'a body distinct from the individuals who from time to time composite'. 2 Section

192(1) of the Act provides that every registered trade union shall be a body corporate by the

name under which it is registered. It shall have perpetual succession and a common seal and the

power to contract and to acquire, hold and dispose of property, both movable and immovable,

and shall by the said name, sue or be sued. Although the legal form is different from corporate

entities, the reality underneath is not, since the Bangladesh Labour Act, 2006, section 192

confers on unions many of the characteristics of legal corporate status, as indeed did the pre-

1969 Ordinance (the Industrial Relations Ordinance, 1969). These provisions have the effect

that:

• a trade union shall be a body corporate by the name;

• a union is capable of making contracts in its own name;

• a trade union shall have perpetual succession and a common seal;

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• a trade union is capable to sue; and the most notorious was the decision in Toff Vale Railway

Company vs. Amalgamated Society of Railway Servants,) which concluded from the fact that they

f; were registered under the Act that unions could be sued in tort;

• a trade union is capable to dispose both movable and immovable;

• proceedings may be brought against a trade union;

• all movable and immovable property must be held in its own name;

• a trade union is capable to acquire both movable and immovable; and

• a trade union is capable to dispose both movable and immovable.

According to section 194(2) of Act, the Societies Registration Act, 1860 (XXI of 1860), the Co-

operative Societies Ordinance, 1985 (Ordinance I of 1985) and the Companies Act 1994 shall

not apply to any registered trade union and the registration of a trade union under any of these

Acts shall be void.

According to section 192 of the Act, no trade union which is unregistered or whose registration

has been cancelled shall function as a trade union. No person shall collect any subscription,

except that of membership, for any fund of a trade union mentioned in sub-section (I).

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PROHIBITION OF TRANSFER

Section 187 of the Act provides that following persons should not be transferred from one

district to another without his consent: , .

• President of any trade union; .

• General Secretary of any trade union;

• Organizing Secretary of any trade union; or

• Treasurer of any trade union.

PROCEDURES FOR CHANGE OF NAME & REGISTERED OFFICE

Section 188 allows amendment in the constitution, change of names and addresses and

amalgamation of any trade union with obliging following procedures:

• For amendment of trade unions: Every amendment in the constitution of any trade union

must be informed by registered mail or by hand to the Director of Labour within fifteen days of

such change and the Director of Labour on receiving such notice shall send a copy of it to

employer concerned for his information. The Director of Labour may refuse to register such

changes or amendments if any such changes are made by violating the provisions of this chapter

or of the constitution of a trade union.

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• For change of name and registered office: Notice of change in registered office address

should be given to the Registrar in writing within 15 days of such change.

• For amalgamation of trade unions: Any registered trade union may amalgamate with any

other union(s), provided that at least 50% of the members of each such union record their votes

and at least 60% of the votes so recorded are in favour of amalgamation. A notice of

amalgamation signed by the secretary and at least 7 members of each amalgamating union must

be informed by registered mail or by hand to the Director of Labour within fifteen days of such

change and the Director of Labour on receiving such notice shall send a copy of it to employer

concerned for his information. The Director of Labour may refuse to register such changes or

amendments if any such changes are made by violating the provisions of this chapter or of the

constitution of a trade union.

For inclusion and exclusion of trade unions:

Any inclusion or exclusion of a member to a trade union federation shall be informed by

registered mail to the Director of Labour within sixty days of such inclusion or exclusion

According to section 188(4) of the Act, if there is any dispute with regard to the change of

officers in a trade union or a trade union is aggrieved by the order of refusal by the Director of

Labour, any officer or member of such trade union may appeal to the Labour Court. The Labour

Court, within seven days after receiving any appeal under subsection (4), may, if it thinks fit, by

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recording reasons in its judgment, order the Director of Labour to register the change of the trade

union or its officer or direct fresh election of the trade union under the supervision of the

Director of Labour

DISQUALIFICATIONS FOR BEING AN OFFICER OR A MEMBER OF A TRADE UNION

Section 180 provides that the following persons shall not be entitled to be, or to be elected as, an

officer or member of trade union (except any federation of trade unions) under the Labour Act:

a) if he has been convicted of an offence involving moral turpitude or an offence under Section

196(2)(d) or Section 298 and a period of two years has not elapsed since his release;

b) if he is not employed or engaged in the establishment in which the trade union is formed.

REGISTERED TRADE UNION TO MAINTAIN REGISTER

Section 181 of the Act provides that every registered trade union shall maintain, in such form as

may be prescribed by rules, the following books and registers:

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a) a register of members showing particulars of subscriptions paid by each member; % b) an

accounts book showing receipts and expenditure; and

c) a minute book for recording the proceedings of meetings.

NON-REGISTRATION OF TRADE UNIONS IN A GROUP OF ESTABLISHMENTS

Section 183 of the Act states that a group of establishments' shall be deemed to be one

establishment for the purpose of formation of trade no separate trade union shall be formed in

any establishment comprising such unions, and group of establishments. These are as follows:

a) private owned road transport, including rickshaw;

b) private owned inland water transport;

c) tailoring and garments manufacturing industry employing not more than 100 workers;

d) tea industry;

e) jute balling;

f) leather industry;

g) bidi;

h) hand loom;

j) printing press;

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k) hotel or motel with not more than twenty five guest rooms;

1) restaurant not forming part of any hotel;

m) small metal industry;

n) book binding; and

o) cinema and theatre.

The government may, if it thinks just for national interest, add any other industries with the

above list by notification in the official Gazette. Specified area referred to in sub-section (2) or

(3) shall mean any area specified by the government for this purpose by notification in

3. Section 183(2) of the Act provides the meaning of "group of establishments" as all those

establishments in a specified area who are engaged in specified industry of the same category

and whereon not more than twenty workers are engaged. the official Gazette for any specified

industry; and such areas may be specified on national, regional or local basis; and different areas

may be specified for different industries.' '

A trade union formed in a group of establishments may be registered if it has a minimum

membership of thirty percent of the total number of workers employed in all the establishments

comprising the group of establishment in which it is formed. 7 If the constitution of a trade union

formed in a group of establishment not engaged in any establishment comprising the group of

establishments shall be entitled to be, or to be elected as, an officer of the trade union, then any

such person shall be entitled to be, or to be elected as, an officer thereof.- The number of such

persons shall in no circumstances be more than one fourth of the total number of its officers/ All

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other sections of this chapter applicable to trade unions formed in separate establishment shall

also apply to trade unions formed in group of establishments.5

REGISTRATION OF TRADE UNIONS, IN CTVIL AVIATION ESTABLISHMENTS

Section 184 of the Labour Act provides the provision regarding the registration of trade union in

civil aviation. Where there is prevailing any recognized international organization in relation to

any specialized powerful profession or service in civil aviation, the workers employed in such

profession or service in Bangladesh shall have the right to form their own trade union if such

trade union is necessary for them to affiliate with such international organization.* The workers

employed in each of such profession or service in a civil aviation establishment shall have the

right to form only one trade union. 7 No such trade union shall be registered unless half of the

total number of workers employed in such profession or service apples in writing specifying that

it will be affiliated with an international organization/ The registration of such trade union shall

be cancellable if it is not related with the concerned

international organization within six months of its registration or if the ^relation breaks down

any time.

REGISTRATION OF SAILORS' TRADE UNION

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Section 185 of the Labour Act provides the provision regarding the registration of Sailors' trade

union. Bangladeshi sailors usually in employment in sea bound ships shall have the right to form

their own trade unions/" No sailor shall be a member of any such trade union unless he has a

continuous discharge certificate or an appointment letter employing as a sailor in any

commercial shipping business establishment Only one trade union shall be famed far the sailors

under, this Chapter.

RESTRICTION ON DUAL MEMBERSHIP

Section 193 of the Act restricts on dual membership in any trade union. No employer or worker

shall be entitled to enrol himself as, or to continue to be, a member of more than one trade union

of the same establishment at the same time.

Unfortunately for the business community, unfair labour union practices of employers and

workers sometimes adversely affect the overall investment climate and the operations of business

and industry. Unfair labour practice may be on the part of employers and on the part of

employees. The Bangladesh Labour Act, 2006 treated some kind of activities as unfair labour

practice on behalf of employers in section 195 and some kind of activities as unfair labour

practice on behalf of employees in section 196.

• Unfair labour practices on the part of employers: Section 195 of the Labour Act stipulates

the following activities .which are regarded unfair labour practice on part of the employers:

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a) to impose any condition in a contract of employment seeking to restrain the right of a person

who is a party to such contract to join a trade union or continue his membership of a trade union;

b) to refuse to employ or refuse to continue to employ any person, on the ground that such

person is, or is not, member or officer of a trade union;

c) to discriminate against any person in regard to any employment promotion, condition of

employment or working condition an the ground that such person is, or is not, a member or

officer of a trade union; or

d) to dismiss, discharge, remove from employment or threaten to dismiss, discharge or remove

from employment a worker or injure or threaten to injure him in respect of his employment by

reason that the worker is or proposes to become, or seeks to persuade any other person to

become, a member or officer of a trade union or participates in the promotion, formation or

activities of a trade union;

e) to induce any person to refrain from becoming, or to cease to be a member or officer of a trade

union, by conferring or offering to confer any advantage on, or by procuring or offering to

procure any advantage for such person or any other person;

f) to compel any officer of the collective bargaining agent to sign a memorandum of settlement

by using intimidation, coercion, pressure, threat, confinement to a place, physical injury,

disconnection of water, power and telephone facilities and such other methods;

g) to interfere with, or in any way influence the balloting provided for in section 202;

h) to recruit any new worker during the period of strike undo, section 211 or during the currency

of a strike which is not illegal except where the conciliator has, being satisfied that complete

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cessation of work is likely to cause serious damage to the machinery or installation, permitted

temporary employment of a limited number of workers in the section the damage is likely to

occur;

i) to fail intentionally to take measures as per the recommendation of the participating

Committee;

j) to fail to give answer to any letter sent by the collective bargaining agent regarding an

industrial dispute;

k) to transfer the President, the General Secretary, the Organizing secretary, or the Treasurer of

any trade union in contravention of the provision of section 187; and

1) to commence or continue an illegal lock-out or persuade any other person to take part in that.

• Unfair labour practices on the part of employers: Section 195(1) of the Act provides that no

worker shall join in any trade union activities during his working hour without the permission of

the employer. Provided that nothing contained in this sub-section shall apply to the President or

the General Secretary of the collective bargaining agent of an establishment for their joining in

trade union activities, if such activities relate to any committee, dialogue, conciliation, arbitration

or any other proceedings under this Act and the employer is informed thereof in time. It also may

be an unfair practice for a trade union to interfere with a ballot held under section 202 by the

exercise of undue influence, intimidation, impersonation or bribery through its executive or

through any person acting on its behalf/ Section 196(2) of the Labour Act stipulates the

following activities which would be considered unfair labour practice on part of the workers:

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a) to intimidate any worker to become, or refrain from becoming, or to continue to be, or to cease

to be a member or officer of a trade union;

b) to induce any person to refrain from becoming, or cease to be a member or officer of a trade

union, by conferring or offering to confer any advantage on, or by procuring or offering to

procure any advantage for, such person or any other person;

c) to compel or attempt to compel any worker to pay, or refrain from paying, any subscription

towards the fund of any trade union by using intimidation, or coercion, pressure, threat

confinement to a place, physical injury, disconnection of telephone, water and power facilities

and such other methods;

d) to compel or attempt to compel the employer to sign a memorandum of settlement by using

intimidation, coercion, pressure, threat, confinement to a place, physical injury disconnection of

telephone, water and power facilities and such other methods;

e) to commence or continue any illegal strike or go slow work: or persuade any other person to

take part in that; or

f) to create blockade, obstacle in transport or communication system or cause damage to any

property for the purpose of satisfying any demand or object of a trade union.

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IMMUNITY FROM CIVIL SUIT IN CERTAIN CASES

The Bangladesh Labour Act gave immunity to trade union and employers' associations in respect

of civil suit. Section 198(1) provides that no suit or, other legal proceedings shall be

maintainable in any civil court against any trade union or collective bargaining agent or any

officer or member thereof in respect of any action done in contemplation or furtherance of an

industrial dispute to which the trade union is a party on any of the following grounds only,

namely.-

a) that such act induces some other person to break a contract of employment;

b) that it is an interference with the trade, business or employment of some other person; or

c) that it restricts the right of some other person to dispose of his

capital or of his labour as he wills. > According to section 198(2) of the Act, a trade union shall

net be liable in any suit or other legal proceedings in any civil court in respect of any tortuous act

done in contemplation or furtherance of an industrial dispute by an agent of the trade union if it

is proved that such person acted without the knowledge of, or contrary to express instructions

given by the executive committee of the trade union.

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MEANING OF COLLECTIVE BARGAINING AGENT

CBA involves a process of negotiations between individual employers \ or representative of

employers' organizations and trade union representatives, as well the conclusion, in case of

accord, of a written agreement. Section 2(52) of the Act define CBA as "Collective bargaining

agent", in relation to an establishment or group of establishments, means the trade union or

federation of trade unions which, under Chapter Thirteen, is the agent of the worker in the

establishment or, as the case may be, in the group of establishments in the matter of collective

bargaining. To determine the representative character of the trade union in industrial disputes and

to obtain representation on committees, boards and commissions, the Labour Act makes

provision for the appointment of a Coi -ective Bargaining Agent (CBA). The CBA is a registered

trade union elected by secret ballot. The CBA is entitled to undertake collective bargaining with

the employer or employers on matters connected with employment, non-employment, the terms

of employment or any right guaranteed or secured to it or any worker by or under any law, or any

award or settlement. Collective agreements are thus formulated by the CBA. The agreements

may contain matters such as the facilities in the establishment for trade union activities and

procedures for settling collective disputes including grievances and disciplinary procedures.

Substantive provisions settle terms and conditions of employment, wages and salaries, hours of

work, holiday entitlement and pay, level of performance, job grading, lay-offs, retrenchment,

sick pay, pension and retirement schemes. Such agreements once duly executed by both parties

become the source of law. The agreements should invariably be in writing and should be drafted

with care, for they are meant to settle disputes rather than raise them.

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DETERMINATION AND ELECTION OF TRADE UNION

Section 202 of the Labour Act stipulates the two ways of determination or election of a CBA

which are as follows:

• Determination by operation of law: According to section 202(1) of the Labour Act, where

there is only one registered trade union in an establishment that trade union shall be deemed to

be the collective bargaining agent for such establishment.

• Determination by the Director of Labour in Secret Ballot: Section 202(2) of the Labour Act

lays down that where there are more registered trade unions than one in an establishment, the

following procedure has to be followed: ; a) Any such trade union can make application to the

Director of Labour,

b) The Director of Labour shall hold a secret ballot to determine as to which one of such trade

unions shall be CBA for the : establishment or group;

• Receipt of application and contestant in the secret ballot: Section 202(3) of the Bangladesh

Labour Act lays down that upon receipt of an application under sub-section (2), the Director of

Labour shall, by notice in writing, call upon every registered trade union in the establishment to

which the application relates to indicate, within the time specified in the notice, which, shall not

be more than fifteen days, whether it desires to be contestant in the secret ballot to be held. If no

trade union informs the Director of Labour anything, within the time specified in the notice, as to

its desire to be a contestant in the secret ballot, the trade union applying under subsection (2)

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shall be declared to be the collective bargaining agent for the establishment, provided it has as its

members not less than one- third of the total number of workers employed in the establishment.'

• Listing: Section 202(6) of the Labour Act lays down every employer shall, on being so

required by the Director of Labour, send to the Director of Labour a list of all workers employed

in the establishment, excluding those whose period of employment in the establishment is less

than three months or who are casual or badli workers, and the list shall contain the following

particulars, nameiy:-

i) the name of every worker;

ii) the name and age of his parent; (where applicable the name of husband/wife shall also be,

given)

iii) the name of his section or department;

:
iv) the name of the place in which he is employed; and

v) his ticket number and the date of his employment. According to section 202(7) of the Act,

every employer shall, on being so required by the Director of Labour, submit required number of

additional copies of the list referred to in sub-section (6) and shall provide necessary facilities

verification of the list submitted. On receipt of the list of workers from the employer the Director

of Labour shall send a copy of the list to each of the Cartesian, trade unions and shall also affix a

copy thereof in a conspicuous pan of his office and another copy of the list in a conspicuous part

of the establishment concerned, together with a notice inviting objections, if any, to be submitted

to him within such time as may be specified in it.'7

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• Objection against the listing: According to section 202(9) of the Act, the objection if any,

received by the Director of Labour with in the specified time sha'll be disposed of by him after

such enquiry as he deems necessary. The Director of Labour shall make such amendments or

alterations in the list of workers submitted by the employer as may be required by any decision

given by him under sub-section (9)/ After amendments or alterations, if any, made under sub-

section (10), or where no objections are received by the Director of Labour with in the specified

time, he shall prepare a list of workers employed in the establishment concerned and send copies

thereof, after, certifying, properly, to the employer and each of the contesting trade unions at

least even days prior to the date fixed for the poll/

• Voter List: Section 202(12) of the Act enunciates that the list of workers prepared and certified

under sub-section (11) shall he deemed to be the list of voters, and every worker whose appears

in that list shall be entitled to vote in the poll to determine the collective bargaining agent.

• Provide all necessary facilities for the conduct of the poll:

Section 202(13) of the Act lays down that every employer shall, on being so required by the

Director of labour, provide all necessary facilities for the conduct of the poll but shall not

interfere with or in any in anyway, influence, the voting.

• Territory of Canvassing: No person shall canvas, for vote within a radius of forty-five yards

of the polling stations.4

• Election management: According to section 202(15) of the Act, the purpose of holding secret

ballot to determine the collective bargaining agent, the Director of Labour shall-

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a) fix the date for the poll and intimate the same to each to the contesting trade unions and also

to, every employer;

b) on the date fixed for the poll place in the polling station, ballot • . boxes which shall be

scaled in the presence of the representatives '• of the contesting trade unions, if any;

c) conduct the poll at the polling stations at which the represen-tatives of the contesting trade

unions shall he allowed to be present;

d) alter the conclusion of the poll and in the presence of such of the .^i;, , representatives of the

contesting trade unions as may be present

open the ballot boxes and count the votes; and ? e) after the conclusion of the count, declare the

trade union ,which has >tt?ti received the highest number of votes to be the collective bargaining

agent; No trade union shall be declared to be the collective bargaining agent for an establishment

unless the number of votes received by it is not less than one-third of the total number of workers

employed in such establishment.

• Duration of elected CBA: Section 202(16) of the Act lays down that where a registered trade

union has been declared under clause (e) of subsection (15) to be the collective bargaining agent

for an establishment, it shall be the collective bargaining agent for the establishment for two

years from the date of such declaration, and no application for the determination

of the collective bargaining agent for such establishment shall be entertained within that

of the Act authorized to

Party: Section 202(23) of the Act lays down that a collective bargaining agent may, without

prejudice to its own position, mvpfea as a party to any proceedmgs voider this CrajpteT to which

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it is itself a party any federation of trade unions of which it is a member. The provisions of this

section shall also apply in determining or electing the collective bargaining agent for a group of

establishments declared under this Act. 2 * POWERS OR JURISDICTION OF CBA . Section 202(24)

of the Act gave powers to the Collective Bargaining Agent in relation to an establishment. The

collective bargaining agent in relation to an establishment shall be entitled to-

a) undertake collective bargaining with the employer on matters connected with non-

employment, the terms of employment or the conditions of work;

b) represent all or any of the workers in any proceedings;

c) give notice of, and declare, a strike in accordance with the provisions of this Chapter;

d) nominate representatives of workers on any welfare establishment or provident fund and on

the Board of Trustees of Participation Fund established tinder Chapter Fifteen; and

The procedure by which an employer deducts union dues directly from the employees' wages

and remits those dues to the union/ Section 204 of the Bangladesh Labour Act, 2006 deals with

those CBA union members whose subscriptions are collected by their employers under check off

system. Check off is a system whereby an employer deducts CBA union membership fees from

worker's wages during the calculation of those wages and pays them to over to the CBA union

within 15 days. Section 204 (1) of the Bangladesh Labour Act stipulates that if a collective

bargaining agent so requests, the employer of an establishment shall deduct from the wages of

those workers working in his establishment, who are members of such CBA union. Such

amounts towards their subscription to the funds of CBA union as may be specified with the

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approval of each individual worker named in the demand statement fUrnished by CBA union.

An employer making any deduction from the wages under sub-section (1) shall, within 15 days

deposit the entire amount so deducted by him in the account of the concerned CBA union/ The

employer shall provide facilities, to the collective bargaining agent for ascertaining whether

deductions from the wages of its members are being made under sub-section (I).

TRADE UNION FEDERATION

Trade union federation is the body of unions from the same industrial sector. It deals with

common problems and demands of the sector. According to section 2(16) of the Labour Act,

"Trade Union Federation" means any Trade Union Federation registered under Chapter Thirteen

of this Act. Basic unions within the sector are its members. Section 200(1) of the Act provides

that any to or more registered trade unions formed in establishments which are engaged in or

carrying on the same industry may, if their respective general bodies so resolved, constitute

federation by executing an instrument of federation and apply for the registration of the,

federation. At present the country has a total of 103 Industrial Federations. 928 Basic unions are

working under these federations.

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REGISTRATION OF FEDERATION OF TRADE UNIONS

Any to or more registered trade unions formed in establishments which are engaged in or

carrying on the same industry may constitute federation by executing an instrument of federation

and apply for the registration of the, federation under section 200 of the Labour Act. A trade

union of workers shall not join a federation which comprises a trade union of employers, nor

shall a trade union of employers join a federation which comprises a trade union of workers. An

instrument of federation shall, among other things, provide for the procedures to be followed by

the Federated trade unions and the rights and responsibilities of the federation and the federated

trade unions. An application for the registration of a Federation of trade unions shall be signed

by the Presidents and General Secretaries of, all the trade unions constituting the federation and

shall he accompanied by three copies of the instrument of federation. The provisions of this

Chapter shall apply to a federation of trade unions as they apply to a trade union. At least twenty

trade unions registered for more than one industry may jointly or being jointly together form a

nationwide trade union federation.

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PARTICIPATION COMMITTEE

The Bangladesh Labour Act is the main Instruments providing for the mechanisms of

Participation Committee. There is clear provision to from "Participation committee", a bipartite

mechanism comprising of equal number of representation of workers and the employer to meet

every 2 month. The employer of every establishment in which fifty or more workers are

employed shall constitute a Participation Committee in his establishment in the manner

prescribed by rules under section 205 of the Labour Act. The representatives of the workers in

the Committee shall not be less than the number of the representatives of the employer. The

representatives of the workers shall be appointed on the basis of the nomination by the trade

unions of the establishment. In an establishment where there is no trade union, representatives of

the workers in the Participation Committee of such establishment shall be nominated in the

manner prescribed by rules from amongst the workers engaged in the establishment. In an

establishment where there is at least fifty workers, a unit Participation Committee may be formed

for such unit in the manner prescribed by rule on the on the recommendation of the Participation

Committee. .

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FUNCTIONS OF THE PARTICIPATION COMMITTEE

The principal function of the Participation Committee is to inculcate and develop a sense of

belonging and workers' comm'tment. Any participating unit of a committee shall execute its

functions under the supervision of the main participation committee. Under section 206 of the

Bangladesh Labour Act, the Participation Committee would be responsible the following

functions:

a) To endeavor to promote mutual trust, understanding and cooperation between the employer

and the workers;

b) To ensure application of labour laws;

c) To foster a sense of discipline and to improve and maintain safety, occupational health and

working condition:

d) To encourage vocational training, workers' education and family welfare training;

e) To adopt measures for improvement of welfare services for the workers and their families; and

f) To fulfill production target, reduce production cost and wastes and raise quality of products.

MEETINGS OF THE PARTICIPATION COMMITTEE

According to section 207 of the Act, the Participation Committee shall meet at least once in

every two months to discuss and exchange views and recommend measures for performance of

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the functions under section 206. The proceedings of every meeting of the Participation

Committee shall be submitted to the Director of Labour and the Conciliator within seven days of

the date of the meeting.

IMPLEMENTATION OF THE PARTICIPATION COMMITTEE RECOMMENDATIONS

Section 208 of the Labour Act states that the employer and the trade union of the establishment

shall take necessary measures to implement the specific recommendations made by the

Participation Committee within the time prescribed by it. If, for any reason, the employer or the

trade union faces, problems in implementing the recommendations of the Participation

Committee within the prescribed time, the Committee shall be informed of it and all possible

endeavours shall have to be taken to implement the recommendations as early as possible.

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New Labour Law still contains many restrictions

The Bangladesh Labour Act of 2006 (BLA) is considered a step forward for clarity because it

effectively consolidated laws from 25 separate acts into one comprehensive law. However,

during 2007 and 2008, the operation of the State of Emergency, Emergency Powers Ordinance

2007 (EPO) and Emergency Power Rules 2007 (EPR) effectively prevented the implementation

of many of the provisions of the BLA.

Many of the previous restrictions on trade union rights existing in previous laws were

carried over into the Bangladesh Labour Act, 2006.

For example,

 Before a union can be registered, 30 per cent of workers in an enterprise have to be

members, and the union can be dissolved if its membership falls below this level.

 Unions must have government approval to be registered, and no trade union action can be

taken prior to registration.

 Unions can only be formed at the factory/establishment level, with some exceptions (such

as private road transport, private inland river transport, tea, jute bailing, bidi production)

where union formation can take place based on geographic area.

 There can be no more than three registered trade unions in any establishment.

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 Membership in a union is restricted only to workers currently working at an

establishment, meaning that severance from employment also results in the end of a

worker's membership in the union. The law further provides that even if the worker

contests the termination, union membership is only returned when the worker is actually

reinstated, which can take years given the slowness of Bangladesh's courts.

 Candidates for union office have to be current or former employees of an establishment

or group of establishments.

 The Registrar of Trade Unions has wide powers to interfere in internal union affairs and

may also cancel the registration of a union with Labour Court approval.

 Under the Bangladesh Labour Act, 2006, workers in government or employed in offices

under government authority are prohibited from belonging to a trade union with the

exception of railway, postal, telecommunications, public works, public health

engineering and government printing press workers.

 Members of local government units, fire fighters and the security forces are also denied

the right to form unions.

 Managerial staff and employees who are designated by employers as "confidential" are

prevented from joining unions.

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Chapter VII

Export Processing Zone (EPZ) Law

EPZs are considered outside the purview of the Bangladesh Labour Act, 2006. The EPZ

Workers Association and Industrial Relations Act, 2004 provides for the formation of trade

unions in EPZs from 1 November 2006. However, the law sets out several phases for

implementation, with complicated and cumbersome procedures to be followed at each stage.

At stage one, EPZ factory workers were only allowed to set up Worker Representation and

Welfare Committees (WRWC). The law required all enterprises in the EPZ to have one WRWC,

whose elected representatives have the power to negotiate and sign collective agreements on a

limited set of topics but not to strike or organise demonstrations. However, during 2006 and

early 2007, workers reported that employers generally refused to bargain with WRWCs. Stage

one ended on October 31, 2006, but continued in practice into 2007 because of systematic delays

of the government to set out and implement the administrative procedures to transition worker

organizations to stage two of the law. Section 5 of the EPZ Workers Association and

Industrial Relations Act, 2004 state as follow:

Workers Representation and Welfare Committee. – (1) After commencement of this

Act, the Executive Chairman or any officer authorized by him in that behalf, shall require the

employer and the workers in an industrial unit in a Zone to constitute, in prescribed manner, a

Workers Representation and Welfare Committee, hereinafter referred to as the committee.

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(2) Every employer registered as a company with a separate certificate of incorporation and

operating as such in a Zone shall have one committee under it in that Zone:

Provided that two or more industrial units in a Zone under an employer registered as a company

shall be deemed to be one industrial unit for the purposes of this section.

(3) The Committee shall, subject to the provision of sub-section (4), consist of not more than 15

(fifteen) and not less than 5 (five) members with one of them as the convener.

(4) If the number of workers eligible to vote is above 500 (five hundred), the number of members

in the Committee shall be increased over 5 (five) at the ratio of 1 (one) per 100 (one hundred)

workers, but shall not exceed the aforesaid 15 (fifteen).

(5) The Committee shall be formed only with the eligible workers employed in the industrial unit

in a Zone for which the Committee is formed.

(6) The members of a Committee shall be elected through secret ballots from among the eligible

workers, and the Convener from among the elected members of the said Committee, in a manner

to be determined by the Executive Chairman.

(7) The procedure of election under this Chapter shall be determined by the Authority.

(8) The employer shall provide necessary space within the Zone for establishing the office of the

Committee.

Section 11 regarding duration of committee state as follow:

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Duration and cessation of Committee

(1) A Committee constituted in a Zone shall be in existence until October 31, 2006.

(2) Subject to the provision of sub-section (3), a Committee may continue to function even after

October 31, 2006 at the option of the employer.

(3) A Committee shall cease to exist as soon as a Workers’ Association is formed in that

industrial unit.

At the second stage of the law, workers were allowed to go through a process to transform their

WRWC into a trade union, referred to as a Workers Association (WA) in the law. A WA can be

created provided over 30 per cent of the workforce requests that the association should be set up.

More than 50 per cent of all the workers in the factory must vote affirmatively for the WA to be

formed. Only one federation of WAs can be formed per EPZ, if at least 50 per cent of the

registered WA in the zone votes for it. Section 13 of the EPZ Workers Association and

Industrial Relations Act, 2004 state as follow:

Formation of worker Association.

1) With expiry of October 31, 2006 and beginning of November 1, 2006, the workers in an

industrial unit situated within the territorial limits of a Zone shall have the right to form

association to engage in industrial relations subject to the provisions made by or under this Act.

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2) Every employer registered as a company with a separate certificate of incorporation and

operation as such in a Zone shall have one Workers Association under it in that Zone. Provided

that two or more industrial unit in a Zone under an employer registered as a company shall be

deemed to be one industrial unit for the purposes of this section.

3) The duration of a Workers Association shall be through October 31, 2008 from November 1,

2006.

Requisition for formation of association

As Section 14 of the EPZ Workers Association and Industrial Relations Act, 2004

Requisition for formation of association process are as follow:

(1) If the workers in an industrial unit situated within the territorial limits of a Zone intend to

form an association, not less than 30% (thirty per cent) of the eligible workers of the industrial

unit shall apply in a prescribed form to the Executive Chairman demanding formation of a

workers’ association.

(2) Upon receipt of an application under sub-section (1), the Executive Chairman shall verify and

ascertain that not less than 30% (thirty per cent) of the eligible workers have subscribed to the

application by signature or thumb impression.

(3) No employer shall in any manner discriminate against a worker for subscribing to an

application under sub-section (1), should ultimately the workers’ association be not formed on

the basis of the result of the referendum held under section 15, and any such discrimination shall

be deemed to be an unfair labour practice by the employer under section 41.

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(4) A form signed by a worker under this section shall remain valid up to six months from the

date of its signature; and such form shall not be filled in or signed before November 1, 2006.

Referendum to ascertain support for association

Section 15 provide as follow-

(1) If the Executive Chairman is satisfied under sub-section (2) of section 14 that not less than

30% of the eligible workers have applied in prescribed forms demanding formation of

association, he shall arrange to hold a referendum of the eligible workers of the industrial unit

within the Zone, within a period not later than five days from the date of receipt of the

application under sub-section (1) of section 14, to ascertain the support of the eligible workers in

favour of formation of workers’ association.

(2) If more than 50% (fifty per cent) of the eligible workers do not cast votes, the referendum

under this section shall be ineffective.

(3) If more than 50% (fifty per cent) of the workers cast votes, and more than 50% (fifty per

cent) of the votes cast are in favour of formation of workers’ association, the workers in the said

industrial unit shall, thereby, acquire the legitimate right to form an association under this Act,

and the Executive Chairman shall be required to accord registration to that association within 25

(twenty-five) working days of the date of the referendum.

(4) The referendum shall be held through secret ballots and the Executive Chairman shall

determine the necessary procedure in respect of holding of the referendum, if not, in the

meantime, prescribed by regulations.

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No further referendum in one year

Section 16 provided- If in a referendum held under section 15, mandate cannot be obtained for

formation of workers’ association, no further referendum shall be held for the same industrial

unit until the expiry of one year since thereafter.

Restriction in respect of number of association

As section 25-

(1) There shall not be more than one workers’ association in an industrial unit in a Zone.

(2) If there are more than one industrial units under the same employer or company in a Zone

and any of the said units comes within the restriction under section 24, that shall not bar

formation of workers’ association for the rest of the units.

Federation of Associations

Section 32 provide that-

(1) If more than 50% (fifty per cent) of the workers’ associations in a Zone agree, they shall be

entitled to form one Federation of Workers’ Associations in that Zone.

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(2) Unless earlier de-registered or ceases to exist, a federation formed under this section shall

hold office for a period of four years from the date of its being approved by the Executive

Chairman.

(3) A federation formed within the territorial limits of one Zone shall not affiliate or associate in

any manner with another federation in another Zone or with any other federation beyond any

Zone.

(4) The Authority shall determine, by regulations, the procedure of election and other details in

respect of the Federation of Workers’ Associations.

The Bangladesh Export Processing Zone Authority (BEPZA) Executive Chairman also has

almost unlimited authority to deregister a Workers' Association should he determine that the WA

has committed an "unfair practice", violated any aspect of its own constitution or of the EPZ

Law, or failed to submit a report to him.

The law explicitly forbids any strikes in the EPZs until Today.

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In 2008, for the first time in the country, 69 industrial units in Dhaka and Chittagong export

processing zones (EPZ) have introduced workers’ associations on the basis of referendums by

workers.11

At the same time, workers of 22 industrial units have voted for not having any trade union body

for themselves for yet another year.12

The referendums on having workers’ associations were held from January 2008.

There are 124 more “eligible” industrial units in these two EPZs which will have to hold their

referendums by 2010 as per a decision of Bangladesh Export Processing Zones Authority

(Bepza) on the basis of a 2004 act on allowing trade union activities.

This is in stark contrast to the trade union scenario prevailing in the industrial units outside the

EPZs.

There are 6,000 garment and textiles related factories outside the EPZs that employ over two

million workers and only 122 of them have trade unions.13

Although referendums are supposed to be held without any external influence and spontaneously

by the workers, Bepza is putting pressure on the industry owners to hold them as soon as

possible, they said.

11
http://www.bangladeshnews.com.bd/2008/03/23/trade-union-debuts-at-69-epz-units/
12
Ibid
13
http://www.bangladeshnews.com.bd/2008/03/23/trade-union-debuts-at-69-epz-units/

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“All of us–investors, workers and the Bepza–need to educate and prepare themselves for a

healthy trade union practice. This needs gradual introduction of workers’ associations,” quipped

a senior executive of an industry. “The mid-level management of each factory also needs

vigorous understanding of the trade union issues. The Bepza is supposed to help us on these

matters. But it has taken such a hard stance that makes the investors feel uncomfortable and

friendless.”

An American labour group that has been pushing hard for implementing trade union rights at the

EPZs has mounted pressure on the government to have the associations as soon as possible.

Some of the investors are concerned by such pressure as they believe that introduction of

workers’ associations should be gradual.

EPZ Labour tribunals still not formed

Although the EPZ law provides for the establishment of an EPZ Labour Tribunal and an EPZ

Labour Appellate Tribunal, a full four years after the passage of the EPZ law, these two tribunals

have yet to be established. As a result, workers in the EPZs were effectively denied access to the

judicial system for their grievances.

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Chapter VIII

Some Others Home Matter Relating to Trade Union

Role of Trade Union in RMG:

Without the trade unions, there is no other legal means at hand to ensure the interests and rights

of the workers in Bangladesh RMG sector.

At present there is an embargo on trade unions within the Export Processing Zones; other than

that the laws of Bangladesh ensure the trade union rights in the country. However, the there is an

unofficial embargo imposed upon the trade unions in the RMG sector by the factory

management. This creates a situation in which the trade unions are facing illegal threats and

harassments whenever they try to organize at the factory level. The recent upsurge in the garment

factories in Bangladesh reveals how deep the workers’ grievances are. It also reveals that if the

trade unions are not considered as a legitimate workers’ body of collective bargaining, there can

be no other means of maintaining peaceful industrial-relation.

The government, international and national factory owners, buyers and brands need to consider

the rights of the workers including that of the rights to organize as an integral part of healthy

industrial relation.

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The national and international trade union bodies should be effectively involved in the factory

inspection/ social auditing process of the international brands and buyers.

Role of Sramik Karmachari Oikka Parishad (SKOP)

In the early 1980s, the military government of Bangladesh banned all trade union activities in the

country. Then an alliance of the National Federation of Trade Unions (NFTUs) emerged in the

name of Sramik Karmachari Oikka Parishad (SKOP) to establish the democratic rights of

workers as well as to fulfil their economic demands. Most NFTUs were in SKOP and since 1983,

most trade union movements in Bangladesh have been organised under the leadership of SKOP.

The opportunism and lenient attitude of the trade union leaders including Sramik Karmachari

Oikka Parishad (SKOP) gave the ruling regimes a chance to disregard the agreements signed

between the government and the trade union leaders. At present, the leaders of nineteen of the

twenty three NFTUs are included in the SKOP. After its formation, SKOP submitted a 5-point

charter of demands for establishing their democratic rights and higher wages through rallies,

torch processions, demonstrations, strikes, HARTALs, blockades etc.

Ironically, SKOP failed to yield any tangible results for the working class people of the country.

The effectiveness of the trade union movement under the leadership of SKOP gradually

weakened because most SKOP leaders have political affiliations and therefore, cannot escape the

influence of their respective political parties. Moreover, lack of active support by the major

political parties to SKOP's programmes, excessive pressures on government by the private

employers and donor agencies to disregard SKOP's demands using repressive measures to

disrupt the trade union movement, forcible occupation of unions, bribing of trade union leaders,

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opportunistic and compromising attitude of the union leadership rendered the SKOP demands

ineffective. In fact, SKOP has become a moribund forum of the working class with little to offer

to the country's future trade union movements.

Name of the some renowned Trade Union in Bangladesh

 Bangladesh Free Trade Union Congress (BFTUC)

 Bangladesh Ganotantrik Sramik Federation

 Bangladesh Jatio Sramik League

 Bangladesh Jatiyo Sramik Jote

 Bangladesh Jatyatabadi Sramik Dal

 Bangladesh Labour Federation

 Bangladesh Mukto Sramik Federation (BMSF)

 Bangladesh Sanjukta Sramik Federation

 Bangladesh Trade Union Kendra

 Jatio Sramik Federation

 Jatyo Sramik League

 Samajtantrik Sramik Front

 Bangladesh Independent Gurment Workers Union Federation (BIGUF)

 Bangladesh Garment & Industrial Workers Federation (BGIWF)

Trade union rights in practice and Violations in 2007

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In the time of emergency in 2007 Trade union right is violated many ways-

Systematic refusal of authorities to register new unions: The Joint Director for Labour (JDL)

who is responsible for registering new trade unions refused to take any actions during the year on

pending union registration applications, thereby effectively denying workers their right to

associate and bargain collectively with their employer. The Ashik Dress Design Workers Union,

MN Sweater Workers Union, Lufa Garment Workers Union, Max Ambo Workers Union, and

Dekko Accessories Workers Union submitted their applications between September and

November 2006, and in the case of Lufa, Max Ambo, and Dekko, submitted them again (with

changes requested by the JDL) in January 2007, but by the end of the year they had received no

indication about when their applications will be approved.

Threats to de-register trade unions for making international appeals: The JDL filed a case on

March 21 with the Labour Court, seeking to de-register the Bangladesh Garments and Industrial

Sramik Federation (BGIWF), the trade union wing of BCWS.

On the night before the hearing at the Office of the US Trade Representative in Washington,

D.C., on an AFL-CIO petition seeking the revocation of GSP privileges for Bangladesh, the

Additional Director of Labour (who is directly responsible for union registration matters) made

phone calls to the leadership of two labour union federations threatening them with immediate

de-registration if they continued to cooperate with the complaint against Bangladesh. 14

Export processing zones - union busting by employers aided and abetted by the authorities:

Employers in the EPZs have been consistently hostile towards trade unions, claiming that many

of the companies would be ruined if they had to have unions.

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While the EPZ law required all factories to have a WRWC, significant anti-union discrimination,

including harassment, intimidation and dismissals, were directed at workers leading the

WRWCs. According to international labour rights advocates, more than 50 WRWC leaders were

terminated, and despite appeals by labour law advocates, the BEPZA chair declined to exercise

his power under the law to reinstate these leaders.

On April 22, Arafat Saimon claimed he was from the "Joint Forces" (i.e., military-police

authorities), and detained and beat two BCWS organisers during an interrogation to demand

information about a WRWC organiser of Lenny Fashions. It later became known that Saimon

was from the management of the factory and had impersonated a Joint Forces officer - but no

action was taken against him.

Employers re-directed their anti-union harassment towards those workers who were leading the

efforts to establish the WAs. The EPZ law provides no protection against terminations of

workers in the formation phase of the WA. 15

However, following the filing of the AFL-CIO GSP petition against Bangladesh in June, and the

USTR hearing in October during which the petition was accepted for further consideration (over

the objections of the government and employer federations), international pressure began to have

a significant impact. Delaying tactics at BEPZA relented and workers were provided the

opportunity to register their intent to form WAs and participate in elections to formally establish

them. In the final months of the year, many WAs went through the election process, frequently

with over 90% of the workers in favour of the WA. However, at the end of the year, employers

were still refusing to substantively accept the role of WAs or to enter into collective bargaining

15
ibid

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negotiations with them. Despite numerous demands made by newly established WAs in the final

months of the year, there was no report of any collective agreement with a WA.

Employers take advantage of legal loopholes: Workers who try to create a trade union are not

protected before registration and are often persecuted by their employers. The names of workers

who apply for union registration are frequently passed on to employers who promptly transfer or

dismiss them. Even after registration, workers suspected of carrying out trade union activities are

regularly harassed and threatened. A common tactic of employers is to dismiss a worker for

misconduct, thereby making them ineligible to remain a trade union officer. While a worker can

complain to the Labour Court, they face problems of underlying corruption at the courts and

serious backlog of cases which, in some instances, can stretch back many years.

Garment industry still vehemently anti-union: Literally hundreds of workers involved in

organizing unions or simply representing grievances of their fellow workers were fired,

reflecting the systematic and pervasive anti-union attitude of employers and the impunity that

exists regarding the discharge of workers for union activities. Workers are routinely sacked,

beaten or subjected to false charges by employers (often backed by police) for being active in

unions. Meanwhile, the country's garment workers are among the lowest paid in the world and

regularly face physical, verbal and sexual abuse.

For example, the management of MN Sweater filed a criminal case in January against the six

leaders of the union at the factory, claiming their union activities had led to vandalism. Police

promptly charged and arrested them.

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On January 8, the ITGLWF reported a worker leader at Padma Polly Cotton was beaten by

employer representatives for contesting the dismissal of another worker and then went missing -

leading workers to believe he had been killed. Then next day, workers went on strike, and the

factory owner called in privately-hired thugs who badly beat five women workers after locking

them in the office and molested other women strikers. On January 10, the factory locked out the

workers, leading to demonstrations in the Tajgoan industrial area and violent suppression of the

protests by the authorities.

In February, a leading worker at DADA (Dhaka) Ltd was dismissed because of her involvement

in encouraging workers from the factory to take part in education activities organized by the

BCWS Rampura office. When she filed a grievance petition, management set conditions that she

could only be reinstated if she made a written undertaking to cease all contacts with the BCWS

office and stop discussing labour matters with her fellow workers.

Two union leaders were terminated at Givency Garments in March for their work with the

NGWF, while another leader at the Mitali Fashion was fired for joining BIGUF. Max

Embroidery fired four workers in April who they learned were organizing a union - but tried to

cover their action by taking the workers' signatures from their payment vouchers and then

affixing that signature to bogus worker resignation forms written by management.

Military and security forces interference and intimidation: In both the EPZs as well as factories

outside the zones, employers regularly collude with police and military forces to intimidate and

force worker leaders to resign from the union. Trade union leaders have been beaten by

authorities and kept in overnight detention.

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During the year, raids of union offices, intimidation and interrogation of staff, and constant

surveillance and monitoring was the norm. Among the offices facing this intimidation were the

BIGUF office and WEC in Gazipur. Several incidents occurred, including the temporary

detention and interrogation of the BIGUF joint secretary in the area, who was taken for 8 hours.

On June 1, the DFGI (military intelligence) threatened the WEC manager in the area and told her

that she would be held personably responsibly for any labour problems. Harassment was also

experienced by workers and their advocates in the BIGUF Mohakhali office.

Workers at Aysha Fashions faced employer and police repression after an incident in the factory

where a line manager beat an employee on March 19. When workers protested, management

responded by bringing in 20 police who harassed the workers and conducted searches in the

workers' residential areas. The next morning, 30 police were present at the factory as workers

arrived, and three workers who led the previous day's protest were arrested. On March 21, the

most senior workers were compelled by management to sign blank papers in the presence of

police and were fired. On March 29, police from the Ashulia police station raided the local

Worker Education Center and detained Aysha workers.

The much-feared Rapid Action Battalion (RAB) was directly involved in intimidating WRWC

leaders at the Jeans 2000 Ltd factory in Chittagong EPZ in April. One leader was fired on April

5, but he refused to sign a resignation letter, filed a complaint with the Zone authorities, and

began discussing with other workers the importance of forming a WA. In response, the RAB

entered the factory, intimidated the workers, forced two workers involved in organizing the WA

to resign and threatened them with serious physical harm if they returned to the EPZ area.

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On June 30, police ordered the indefinite closure of the Savar office of the NGWF, alleging such

action was in line with the State of Emergency. Intervention by the AFL-CIO was able to

ultimately reverse this action, but the office remains under hostile surveillance by the authorities.

Additionally, management in the RMG industry routinely, and with the collusion of government

authorities, files complaints against workers in criminal court rather than in labour courts, (the

latter being the proper forum for such complaints). The expenses associated with criminal cases

are beyond the means of most workers to contest, making it exceedingly difficult to defend

themselves. Moreover, the cases often drag on indefinitely, carry heavier sentences than labour

court cases, and serve to intimidate workers so that they will refrain from promoting trade

unions, or, in the case of the EPZs, WRWC or Workers Association.

Firings, intimidation, and use of thugs - favourite employer tactics to stop unions in the garment

sector: All over Bangladesh, union leaders and members were routinely harassed, verbally and

physically threatened, beaten, suspended, and fired for pursuing union activities. Most employers

operated with total impunity and without regard for legal protections for trade union rights.

Use of hired thugs by management was common. For example, in January, a gang of thugs (hired

by the factory general manager) threatened leaders of a union organizing effort with violence if

they returned to work at Master Garments Ltd and Master Fashion Garments Ltd.

Harassment of unions and supporting organisations by government: The Bangladesh Independent

Garment Workers' Union (BIGUF) reported significant and consistent harassment by national

intelligence authorities owing to the federation's efforts to support workers in the EPZs.

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The Solidarity Centre (the AFL-CIO's American Centre for International Labor Solidarity) faced

harassment from the government's police and army intelligence services, despite being legally

registered to operate in the country.

The authorities seemed particularly concerned about work being done nationally and

internationally to assist EPZ workers and about collaboration with local trade union partners to

insist that the government enforce its labour laws.16

Government failing to abide by all terms of tripartite agreement: In 2006, abuses by

employers and worker frustration boiled over in May 2006, resulting in some of the worst

violence seen in the garment industry in years (see 2007 survey for details). To settle the

grievances of workers and re-open the factories, a tripartite agreement was reached on 12 June

2006. One of the points of agreement required that "all cases lodged in Gazipur, Tongi, Savar

and Ashulia Police Stations against the workers concerning the recent agitations in garment

industries shall be withdrawn and the arrested persons will be released and cases shall be

withdrawn". However, cases No. 49/06, 50/06 and 51/06 against workers which are under the

jurisdiction of the Joydevpur Police Station have yet to be withdrawn.

Arrest and detention of general secretary of Dhaka University Teachers Association

(DUTA): Following unrest on the Dhaka University campus which was violently suppressed by

police and army personnel, a number of academics made public statements decrying the use of

violence. In response, the authorities detained Professor Anwar Hossain, the general secretary of

the DUTA, and four other senior professors on unsubstantiated charges of fomenting unrest

against the Government. Dr. Hossain was taken in the middle of the night of August 24 from his

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residence by heavily armed men dressed in civilian clothes who claimed to be army personnel.

He was detained at Dhaka Central Jail, and he and his colleagues were charged with violating the

EPR.

Chapter VIII

Freedom of association and international law

The right to join a trade union is mentioned in article 23, subsection 4 of the Universal
Declaration of Human Rights (UDHR), which also states in article 20, subsection 2 that "No one
may be compelled to belong to an association". Prohibiting a person from joining or forming a
union, as well as forcing a person to do the same (e.g. "closed shops" or "union shops", see
below), whether by a government or by a business, is generally considered a human rights abuse.
Similar allegations can be levelled if an employer discriminates based on trade union
membership.

Function of the ILO on Freedom of Association

The function of the International Labour Organization in regard to freedom of association

and the protection of the individual is to contribute to the effectiveness of the general
principles of freedom of association, as one of the primary safeguards of peace and social
justice. In fulfilling its responsibility in the matter, the Organization must not hesitate to
discuss at the international level cases which are of such a character as to affect
substantially the attainment of the aims and purposes of the ILO as set forth in the
Constitution of the Organization, the Declaration of Philadelphia and the various
Conventions concerning freedom of association.
(reference from the 1996 Digest, para. 1; and 332nd Report, Case No. 2227, para. 600.)

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By virtue of its Constitution, the ILO was established in particular to improve working
conditions and to promote freedom of association in the various countries.
Consequently, the matters dealt with by the Organization in this connection no longer fall
within the exclusive sphere of States and the action taken by the Organization for the
purpose cannot be considered to be interference in internal affairs, since it falls within the
terms of reference that the ILO has received from its Members with a view to attaining
the aims assigned to it.
(reference from the 1996 Digest, para. 2; 329th Report, Case No. 2114, para. 69; and 331st
Report, Case No. 2177/2183, para. 548.)

Trade union & seven internationally recognized general codes of conducts

Seven international recognized general codes guarantied freedom of association. The general

codes of conduct are:

• SA8000 of Social Accountability International (SAI)

• Base Code of the Ethical Trading Initiative (ETI)

• Fair Labour Association (FLA)

• Fair Wear Foundation (FWF)

• Business Social Compliance Initiative (BSCI)

• Worldwide Responsible Apparel Production (WRAP)

• Joint Initiative on Corporate Accountability and Workers’ Rights (JO-IN).

These seven codes guarantied freedom of association as follow:

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Social Accountability Int.SA 8000 (SAI)

• Recognize & respect right of all workers to form or join trade unions of their choice and to

bargain collectively

• Workers’ representatives not discriminated against and have access to carry out functions in

workplace.

Ethical Trading Initiative (ETI)

• Workers without distinction have right to join trade union of own choosing and bargain

collectively.

• Employers adopt an open attitude to activities of trade unions and their organizational

activities. Workers’ representatives not discriminated against and have access to carry out

functions in workplace.

• Where right restricted by law, employer facilitates, and does not hinder, development of

parallel means for independent and free association and bargaining.

Fair Labour Association (FLA)

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• Recognize right of workers to join trade union and bargain collectively

• Where the right is restricted by law, employer should not seek state assistance to prevent

workers exercising right to free association and bargaining

Fair Wear Foundation (FWF)

• Recognize right of workers to join trade union and bargain collectively

• Workers’ representatives not discriminated against and have access to carry out functions in

workplace

• Where right restricted by law, employer facilitates, and does not hinder, development of

parallel means for independent and free association and bargaining.

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Chapter X

Conventions relating to Trade union which are rectified by Bangladesh

C98 Right to Organise and Collective Bargaining Convention, 1949

Convention concerning the Application of the Principles of the Right to Organise and to Bargain

Collectively

Date of coming into force: 18:07:1951.

Convention: C098

Place: Geneva

Session of the Conference: 32

Date of adoption: 01:07:1949

Subject classification: Freedom of Association

Subject classification: Collective Bargaining and Agreements

Subject: Freedom of Association, Collective Bargaining, and Industrial Relation

Ratified: 159 Countries

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The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International Labour Office, and

having met in its Thirty-second Session on 8 June 1949, and

Having decided upon the adoption of certain proposals concerning the application of the

principles of the right to organise and to bargain collectively, which is the fourth item on the

agenda of the session, and

Having determined that these proposals shall take the form of an international Convention,

adopts this first day of July of the year one thousand nine hundred and forty-nine the following

Convention, which may be cited as the Right to Organise and Collective Bargaining Convention,

1949:

Article 1

1. Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of

their employment.

2. Such protection shall apply more particularly in respect of acts calculated to--

(a) make the employment of a worker subject to the condition that he shall not join a union or

shall relinquish trade union membership;

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(b) cause the dismissal of or otherwise prejudice a worker by reason of union membership or

because of participation in union activities outside working hours or, with the consent of the

employer, within working hours.

Article 2

1. Workers' and employers' organisations shall enjoy adequate protection against any acts of

interference by each other or each other's agents or members in their establishment, functioning

or administration.

2. In particular, acts which are designed to promote the establishment of workers' organisations

under the domination of employers or employers' organisations, or to support workers'

organisations by financial or other means, with the object of placing such organisations under the

control of employers or employers' organisations, shall be deemed to constitute acts of

interference within the meaning of this Article.

Article 3

Machinery appropriate to national conditions shall be established, where necessary, for the

purpose of ensuring respect for the right to organise as defined in the preceding Articles.

Article 4

Measures appropriate to national conditions shall be taken, where necessary, to encourage and

promote the full development and utilisation of machinery for voluntary negotiation between

employers or employers' organisations and workers' organisations, with a view to the regulation

of terms and conditions of employment by means of collective agreements.

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Article 5

1. The extent to which the guarantees provided for in this Convention shall apply to the armed

forces and the police shall be determined by national laws or regulations.

2. In accordance with the principle set forth in paragraph 8 of Article 19 of the Constitution of

the International Labour Organisation the ratification of this Convention by any Member shall

not be deemed to affect any existing law, award, custom or agreement in virtue of which

members of the armed forces or the police enjoy any right guaranteed by this Convention.

Article 6

This Convention does not deal with the position of public servants engaged in the administration

of the State, nor shall it be construed as prejudicing their rights or status in any way.

Article 7

The formal ratifications of this Convention shall be communicated to the Director-General of the

International Labour Office for registration.

Article 8

1. This Convention shall be binding only upon those Members of the International Labour

Organisation whose ratifications have been registered with the Director-General.

2. It shall come into force twelve months after the date on which the ratifications of two

Members have been registered with the Director-General.

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3. Thereafter, this Convention shall come into force for any Member twelve months after the

date on which its ratification has been registered.

Article 9

1. Declarations communicated to the Director-General of the International Labour Office in

accordance with paragraph 2 of Article 35 of the Constitution of the International Labour

Organisation shall indicate --

a) the territories in respect of which the Member concerned undertakes that the provisions of the

Convention shall be applied without modification;

b) the territories in respect of which it undertakes that the provisions of the Convention shall be

applied subject to modifications, together with details of the said modifications;

c) the territories in respect of which the Convention is inapplicable and in such cases the grounds

on which it is inapplicable;

d) the territories in respect of which it reserves its decision pending further consideration of the

position.

2. The undertakings referred to in subparagraphs (a) and (b) of paragraph 1 of this Article shall

be deemed to be an integral part of the ratification and shall have the force of ratification.

3. Any Member may at any time by a subsequent declaration cancel in whole or in part any

reservation made in its original declaration in virtue of subparagraph (b), (c) or (d) of paragraph

1 of this Article.

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4. Any Member may, at any time at which the Convention is subject to denunciation in

accordance with the provisions of Article 11, communicate to the Director-General a declaration

modifying in any other respect the terms of any former declaration and stating the present

position in respect of such territories as it may specify.

Article 10

1. Declarations communicated to the Director-General of the International Labour Office in

accordance with paragraph 4 or 5 of Article 35 of the Constitution of the International Labour

Organisation shall indicate whether the provisions of the Convention will be applied in the

territory concerned without modification or subject to modifications; when the declaration

indicates that the provisions of the Convention will be applied subject to modifications, it shall

give details of the said modifications.

2. The Member, Members or international authority concerned may at any time by a subsequent

declaration renounce in whole or in part the right to have recourse to any modification indicated

in any former declaration.

3. The Member, Members or international authority concerned may, at any time at which this

Convention is subject to denunciation in accordance with the provisions of Article 11,

communicate to the Director-General a declaration modifying in any other respect the terms of

any former declaration and stating the present position in respect of the application of the

Convention.

Article 11

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1. A Member which has ratified this Convention may denounce it after the expiration of ten

years from the date on which the Convention first comes into force, by an act communicated to

the Director-General of the International Labour Office for registration. Such denunciation shall

not take effect until one year after the date on which it is registered.

2. Each Member which has ratified this Convention and which does not, within the year

following the expiration of the period of ten years mentioned in the preceding paragraph,

exercise the right of denunciation provided for in this Article, will be bound for another period of

ten years and, thereafter, may denounce this Convention at the expiration of each period of ten

years under the terms provided for in this Article.

Article 12

1. The Director-General of the International Labour Office shall notify all Members of the

International Labour Organisation of the registration of all ratifications, declarations and

denunciations communicated to him by the Members of the Organisation.

2. When notifying the Members of the Organisation of the registration of the second ratification

communicated to him, the Director-General shall draw the attention of the Members of the

Organisation to the date upon which the Convention will come into force.

Article 13

The Director-General of the International Labour Office shall communicate to the Secretary-

General of the United Nations for registration in accordance with Article 102 of the Charter of

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the United Nations full particulars of all ratifications, declarations and acts of denunciation

registered by him in accordance with the provisions of the preceding articles.

Article 14

At such times as it may consider necessary the Governing Body of the International Labour

Office shall present to the General Conference a report on the working of this Convention and

shall examine the desirability of placing on the agenda of the Conference the question of its

revision in whole or in part.

Article 15

1. Should the Conference adopt a new Convention revising this Convention in whole or in part,

then, unless the new Convention otherwise provides,

a) the ratification by a Member of the new revising Convention shall ipso jure involve the

immediate denunciation of this Convention, notwithstanding the provisions of Article 11 above,

if and when the new revising Convention shall have come into force;

b) as from the date when the new revising Convention comes into force, this Convention shall

cease to be open to ratification by the Members.

2. This Convention shall in any case remain in force in its actual form and content for those

Members which have ratified it but have not ratified the revising Convention.

Article 16

The English and French versions of the text of this Convention are equally authoritative.

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C87 Freedom of Association and Protection of the Right to Organise

Convention, 1948

Convention concerning Freedom of Association and Protection of the Right to Organise Date of

coming into force: 04:07:1950.

Convention: C087

Place: San Francisco

Session of the Conference: 31

Date of adoption: 09:07:1948

Subject classification: Freedom of Association

Subject classification: Collective Bargaining and Agreements

Subject: Freedom of Association, Collective Bargaining, and Industrial Relations

Ratified: 149 Countries

The General Conference of the International Labour Organisation,

Having been convened at San Francisco by the Governing Body of the International Labour

Office, and having met in its Thirty-first Session on 17 June 1948;

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Having decided to adopt, in the form of a Convention, certain proposals concerning freedom of

association and protection of the right to organise, which is the seventh item on the agenda of the

session;

Considering that the Preamble to the Constitution of the International Labour Organisation

declares "recognition of the principle of freedom of association" to be a means of improving

conditions of labour and of establishing peace;

Considering that the Declaration of Philadelphia reaffirms that "freedom of expression and of

association are essential to sustained progress";

Considering that the International Labour Conference, at its Thirtieth Session, unanimously

adopted the principles which should form the basis for international regulation;

Considering that the General Assembly of the United Nations, at its Second Session, endorsed

these principles and requested the International Labour Organisation to continue every effort in

order that it may be possible to adopt one or several international Conventions;

adopts this ninth day of July of the year one thousand nine hundred and forty-eight the following

Convention, which may be cited as the Freedom of Association and Protection of the Right to

Organise Convention, 1948:

PART I. FREEDOM OF ASSOCIATION

Article 1

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Each Member of the International Labour Organisation for which this Convention is in force

undertakes to give effect to the following provisions.

Article 2

Workers and employers, without distinction whatsoever, shall have the right to establish and,

subject only to the rules of the organisation concerned, to join organisations of their own

choosing without previous authorisation.

Article 3

1. Workers' and employers' organisations shall have the right to draw up their constitutions and

rules, to elect their representatives in full freedom, to organise their administration and activities

and to formulate their programmes.

2. The public authorities shall refrain from any interference which would restrict this right or

impede the lawful exercise thereof.

Article 4

Workers' and employers' organisations shall not be liable to be dissolved or suspended by

administrative authority.

Article 5

Workers' and employers' organisations shall have the right to establish and join federations and

confederations and any such organisation, federation or confederation shall have the right to

affiliate with international organisations of workers and employers.

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Article 6

The provisions of Articles 2, 3 and 4 hereof apply to federations and confederations of workers'

and employers' organisations.

Article 7

The acquisition of legal personality by workers' and employers' organisations, federations and

confederations shall not be made subject to conditions of such a character as to restrict the

application of the provisions of Articles 2, 3 and 4 hereof.

Article 8

1. In exercising the rights provided for in this Convention workers and employers and their

respective organisations, like other persons or organised collectivities, shall respect the law of

the land.

2. The law of the land shall not be such as to impair, nor shall it be so applied as to impair, the

guarantees provided for in this Convention.

Article 9

1. The extent to which the guarantees provided for in this Convention shall apply to the armed

forces and the police shall be determined by national laws or regulations.

2. In accordance with the principle set forth in paragraph 8 of Article 19 of the Constitution of

the International Labour Organisation the ratification of this Convention by any Member shall

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not be deemed to affect any existing law, award, custom or agreement in virtue of which

members of the armed forces or the police enjoy any right guaranteed by this Convention.

Article 10

In this Convention the term organisation means any organisation of workers or of employers for

furthering and defending the interests of workers or of employers.

PART II. PROTECTION OF THE RIGHT TO ORGANISE

Article 11

Each Member of the International Labour Organisation for which this Convention is in force

undertakes to take all necessary and appropriate measures to ensure that workers and employers

may exercise freely the right to organise.

PART III. MISCELLANEOUS PROVISIONS

Article 12

1.In respect of the territories referred to in Article 35 of the Constitution of the International

Labour Organisation as amended by the Constitution of the International Labour Organisation

Instrument of Amendment 1946, other than the territories referred to in paragraphs 4 and 5 of the

said article as so amended, each Member of the Organisation which ratifies this Convention shall

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communicate to the Director-General of the International Labour Office with or as soon as

possible after its ratification a declaration stating:

a) the territories in respect of which it undertakes that the provisions of the Convention shall be

applied without modification;

b) the territories in respect of which it undertakes that the provisions of the Convention shall be

applied subject to modifications, together with details of the said modifications;

c) the territories in respect of which the Convention is inapplicable and in such cases the grounds

on which it is inapplicable;

d) the territories in respect of which it reserves its decision.

2. The undertakings referred to in subparagraphs (a) and (b) of paragraph 1 of this Article shall

be deemed to be an integral part of the ratification and shall have the force of ratification.

3. Any Member may at any time by a subsequent declaration cancel in whole or in part any

reservations made in its original declaration in virtue of subparagraphs (b), (c) or (d) of

paragraph 1 of this Article.

4. Any Member may, at any time at which the Convention is subject to denunciation in

accordance with the provisions of Article 16, communicate to the Director-General a declaration

modifying in any other respect the terms of any former declaration and stating the present

position in respect of such territories as it may specify.

Article 13

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1. Where the subject-matter of this Convention is within the self-governing powers of any non-

metropolitan territory, the Member responsible for the international relations of that territory

may, in agreement with the government of the territory, communicate to the Director-General of

the International Labour Office a declaration accepting on behalf of the territory the obligations

of this Convention.

2. A declaration accepting the obligations of this Convention may be communicated to the

Director-General of the International Labour Office:

a) by two or more Members of the Organisation in respect of any territory which is under their

joint authority; or

b) by any international authority responsible for the administration of any territory, in virtue of

the Charter of the United Nations or otherwise, in respect of any such territory.

3. Declarations communicated to the Director-General of the International Labour Office in

accordance with the preceding paragraphs of this Article shall indicate whether the provisions of

the Convention will be applied in the territory concerned without modification or subject to

modifications; when the declaration indicates that the provisions of the Convention will be

applied subject to modifications it shall give details of the said modifications.

4. The Member, Members or international authority concerned may at any time by a subsequent

declaration renounce in whole or in part the right to have recourse to any modification indicated

in any former declaration.

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5. The Member, Members or international authority concerned may, at any time at which this

Convention is subject to denunciation in accordance with the provisions of Article 16,

communicate to the Director-General a declaration modifying in any other respect the terms of

any former declaration and stating the present position in respect of the application of the

Convention.

PART IV. FINAL PROVISIONS

Article 14

The formal ratifications of this Convention shall be communicated to the Director-General of the

International Labour Office for registration.

Article 15

1. This Convention shall be binding only upon those Members of the International Labour

Organisation whose ratifications have been registered with the Director-General.

2. It shall come into force twelve months after the date on which the ratifications of two

Members have been registered with the Director-General.

3. Thereafter, this Convention shall come into force for any Member twelve months after the

date on which its ratifications has been registered.

Article 16

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1. A Member which has ratified this Convention may denounce it after the expiration of ten

years from the date on which the Convention first comes into force, by an act communicated to

the Director-General of the International Labour Office for registration. Such denunciation shall

not take effect until one year after the date on which it is registered.

2. Each Member which has ratified this Convention and which does not, within the year

following the expiration of the period of ten years mentioned in the preceding paragraph,

exercise the right of denunciation provided for in this Article, will be bound for another period of

ten years and, thereafter, may denounce this Convention at the expiration of each period of ten

years under the terms provided for in this Article.

Article 17

1. The Director-General of the International Labour Office shall notify all Members of the

International Labour Organisation of the registration of all ratifications, declarations and

denunciations communicated to him by the Members of the Organisation.

2. When notifying the Members of the Organisation of the registration of the second ratification

communicated to him, the Director-General shall draw the attention of the Members of the

Organisation to the date upon which the Convention will come into force.

Article 18

The Director-General of the International Labour Office shall communicate to the Secretary-

General of the United Nations for registration in accordance with Article 102 of the Charter of

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the United Nations full particulars of all ratifications, declarations and acts of denunciation

registered by him in accordance with the provisions of the preceding articles.

Article 19

At such times as it may consider necessary the Governing Body of the International Labour

Office shall present to the General Conference a report on the working of this Convention and

shall examine the desirability of placing on the agenda of the Conference the question of its

revision in whole or in part.

Article 20

1. Should the Conference adopt a new Convention revising this Convention in whole or in part,

then, unless the new Convention otherwise provides:

a) the ratification by a Member of the new revising Convention shall ipso jure involve the

immediate denunciation of this Convention, notwithstanding the provisions of Article 16 above,

if and when the new revising Convention shall have come into force;

b) as from the date when the new revising Convention comes into force this Convention shall

cease to be open to ratification by the Members.

2. This Convention shall in any case remain in force in its actual form and content for those

Members which have ratified it but have not ratified the revising Convention.

Article 21

The English and French versions of the text of this Convention are equally authoritative.

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Chapter XI

Case Reference Regarding this Topic

Dismissed or terminated workers barred from trade union

High Court Division (Special Original Jurisdiction

Writ Petition No. 5905 of 2001

Padma Oil co Ltd

Vs

The Registrar of Trade Unions and another

Before Mr. Justice Md. Hamidul Haque and

Mr. Justice Salama Masud Chowdhury

Date of Judgement: February 28, 2003

Result : Rule absolute

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Background

Salma Masud Chowdhury, J: This Rule Nisi was issued calling upon the respondent to show

cause as to why the order contained in the impugned letter No. RTU/CAB (539)/2001/699 dated

9.9.2001 issued by the Registrar of Trade Union Government of Bangladesh Respondent No. 1

(Annexure-A to this petition) should not be declared to have been made without any lawful

authority and is of no legal effect and why the respondent No. 1 should not be directed to take

proper steps for cancellation of the Registration of the respondent No. 2 Union under section 10

(1) and (2) of the IRO for electing as its President, General Secretary and members of the

Executive committee some persons who are disqualified under section 7A of the IRO and for

contravening the provisions of IRO and the rules of their own constitution or such other or

further order or orders passed as to this court may seem fit and proper.

Facts in brief

The case of the petitioner is that the petitioner company is engaged in the sale and distribution of

petroleum products in the country and there are two registered Trade Unions of workers and

employees of the company namely Padma Oil Company Ltd Labour Union Registration No. B-

48 i.e. respondent No. 2 and Padma Oil Company Limited Sramik League Registration No.

2019. In the CBA election held on 6.9.2001 the respondent No. 2 was declared CBA by

Respondent No. 1 and it has been alleged that respondent No. 2 illegally participated in the

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election as Respondent No. 2 i.e. Padma Oil Company Limited Labour Union (Registration No.

B-48) was not legally constituted as per law. Because the Executive Committee consisted of

disqualified persons as President, General Secretary and Member, who were terminated and

dismissed from service on 10.7.97 and 29.4.98 . This fact was brought to the notice of

Respondent No. 1 by the petitioner Company before the CBA election. But the Respondent No. 1

took a view which was not in accordance with law. The petitioner challenged the declaration of

Respondent No. 2 as CBA by Respondent No. 1 (Annexure-A) and prayed for a direction upon

the Respondent No. 1 to take proper steps for cancellation of the registration of respondent No. 2

and accordingly moved this court and obtained the present Rule.

Mr. Rafique-UI-Huq, the learned Senior counsel appeared with Mr. Khalilur Rahman and Mr.

Zubayer Rahman Chowdhury on behalf of the petitioner and submitted that the President and the

General Secretary of the Executive Committee of the Trade Union Respondent No. 2 were

disqualified persons as per section 7-A (1) (b) of the Industrial Relation Ordinance and as such

the declaration of that Trade Union to act as a CBA was unlawful. He has also submitted that if a

person is not actually employed or engaged in the establishment due to his termination or

dismissal from his service he is disqualified from being a member or officer of the Trade Union.

He has pointed out that the position of law has been explained and settled by the High Court

division in Writ Petition No. 6111 of 1997, which was filed by a disqualified member of the

respondent Trade Union.

He has further submitted that an employee who has ceased to be in employment is disqualified

from being an officer or member of Trade Union after his termination or dismissal. He drew our

attention to the fact that Rafiqul Islam was terminated from service on 10.7.97, Aminul Haque

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was terminated from service on 29.4.98 and Mohsin Ali Chowdhury was dismissed on 13.4.99.

During the last election of the office bearers of Respondent No. 2 held on 11.11. 2000, they were

elected as office bearers by falsely showing themselves as existing employees of the petitioner

and subsequently that Trade Union was declared to be the CBA by the election held on 6.9.2001.

The learned counsel further submitted that since some officers or members of the Trade Union

(the Respondent No. 2) are disqualified for being the same as per section 7-A(1) (b) of IRO, the

registration of such Trade Union must be cancelled in compliance with section 10 (1) (b) (1) and

(h) of IRO.

Lastly the learned counsel appearing on behalf of the petitioner has submitted that three

disqualified persons after their termination or dismissal filed cases before the Labour Court

which were decided in their favour along with orders for their reinstatements but against that the

petitioner preferred writ petition numbers 2237, 4096 and 3597 of 2000 before the High Court

Division in which rule was issued and operation of the judgement of the Labour Court were

stayed.

Mr Tufailur Rahman, the learned counsel appeared on behalf of the respondent No. 2 and filed

the affidavit in opposition. The learned counsel appearing on behalf of the respondent No. 2

submitted that three persons who were in the Trade Union were dismissed or terminated in a

most unlawful manner and those orders were set aside by the Labour Court along with the

direction for their reinstatement. But subsequently the judgements of the Labour Court were

stayed in the writ petitions, which are pending for disposal. He further submitted that the

Executive Committee of Respondent No. 2 Trade Union has already been re-constituted on

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12.9.2001 following resignation by the disqualified persons on 30.8.2001 and a letter dated

19.9.2001 intimating the re-constitution was sent to the Registrar of the Trade Union.

With reference to that he drew our attention to annexure-5 and 6 of the affidavit-in-opposition

and submitted that since the disqualified persons were dropped the registrar lawfully declared

Respondent No. 2 as CBA. He has further submitted that the registration of Trade Union cannot

be challenged merely on the ground that two or three of its members are not qualified. Lastly the

learned counsel submitted that the petitioner is not an aggrieved body and thus the write petition

is not at all maintainable, and moreover the company has no scope to interfere with the internal

domestic management and affairs of the Trade Union by seeking remedy under writ jurisdiction.

The learned Assistant Attorney General appearing on behalf of the respondent No. 1 supported

the contention made by the learned lawyer appearing on behalf of the respondent No. 2.

Deliberation

We have considered the submission made by the learned lawyers appearing on behalf of the

petitioner and respondents and perused the writ petition, affidavit-in-opposition including the

Annexures and the relevant provision of law i.e. sections 7-A and 10 of the IRO, Section 7-A of

the Industrial Relations Ordinance 1967 mentions about the persons who will be disqualified

from being an officer or a member of a Trade Union.

Section 7-A (1) (b) makes it clear that a person shall not be entitled to be a member or officer of

a Trade Union formed in any establishment or group of establishments if he is not or was

employed or engaged in that establishment. It is admitted that some of the dismissed and

terminated employees of Padma Oil Company Limited were elected as members of the executive

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committee of the Trade Union being registration No. B-48 (Respondent No. 2) and the employer

petitioner approached the Registrar of the Trade Union (Respondent No. 1) for taking

appropriate steps against Respondent No. 2 the Trade Union (Registration No. B 48) for

concealing the fact that the President, the General Secretary and a member were not the

employees of the petitioner as they were dismissed or terminated workers.

We find the reply of the Registrar in Annexure-D wherein the registrar considered the

application of the present petitioner for taking steps against the Trade Union (Respondent No. 2).

In the reply, Registrar has clearly mentioned that a dismissed member cannot be either an officer

or a member of the Trade Union. In fact we find that this is the legal position as per section 7-A

of the IRO.

From annexure-6 of the affidavit-in-opposition we find that the executive committee of the Trade

Union (Respondent No. 2) was reconstituted and the dismissed and the terminated employees

were excluded from the executive committee on 19.9.2001 and thus till that date the dismissed or

terminated workers were office bearers which is in clear violation of section 7-A of the IRO.

Section 10 (1) (b) (h) of the IRO provides that the registration of a Trade Union may be

cancelled by the Registrar if the trade union has obtained registration by fraud or by

misrepresentation of facts or if the trade union has elected as its office a person who is

disqualified under section 7A.

As it is admitted that one or two of the office bearers were dismissed workers, the view taken by

the Registrar of the Trade Union as we find from annexure-D1, appears to us to be incorrect. The

Registrar has given interpretation about the terminated workers but remained silent about the

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dismissed workers. We find that there were also dismissed workers who became members of the

executive committee of the Trade Union and thus the Registrar had the scope to take action

under section 10 of the IRO.

The dismissed and terminated workers filed cases before the Labour Court in which their

termination and dismissal were declared illegal but we find that the operation of the judgement

of the Labour Court has been stayed by the High Court Division in writ petitions Ns. 2227, 4096

and 3597 of 2000 and thus those workers and employees still remain dismissed of terminated.

Regarding the submissions made on the question of maintainability of the writ petition by the

learned lawyer of Respondent No. 2 that the petitioner is not aggrieved we cannot accept this

view because the petitioner being the employer is entitled to challenge the declaration of CBA as

made by the Registrar of the Trade Union.

Decision

From our above discussion we find that when the respondent No. 2 Trade Union being

registration no. B-48 was declared CBA of Padma Oil Company Limited, at that time its

President and General Secretary were either dismissed or terminated and thus were not qualified

for being an officer or a member of a Trade Union in view of section 7-A of the IRO. We have

also found that the Registrar of the Trade Union had the scope to take steps or cancellation of the

registration of the Trade Union under section 10 of the IRO in view of the disqualification of the

President and General Secretary of the Trade Union concerned.

So, in the result, the Rule is made absolute. The impugned declaration of CBA in favour of

Respondent No. 2 vide annexure-A by Respondent No. 1 is unlawful and is of no legal effect.

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The Registrar of the Trade Union i.e. Respondent No. 1 shall take steps regarding the prayer of

the petitioner for cancellation of registration of respondent No. 2 Trade Union (Respondent No.

B-48) in accordance with law.

Committee on Freedom of Association Report

Bangladesh (Case No. 2327)

International Textile, Garment and Leather Workers' Federation (ITGLWF)

03-Mar-04

The complainant organization alleges that the Government violates the freedom of

association in export processing zones (EPZs)

Report No. 337

(Vol. LXXXVIII, 2005, Series B, No. 2)

Report in which the Committee requests to be kept informed of

developments

Introduction

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Allegations: The complainant organization alleges that the Government violates the freedom of

association in export processing zones (EPZs)

 The complaint is set out in a communication by the International Textile, Garment and

Leather Workers’ Federation (ITGLWF) dated 3 March 2004 on behalf of its affiliate, the

Bangladesh Independent Garment Workers’ Union Federation (BIGUF).

 The Government has sent its reply in a communication dated 10 January 2005.

 Bangladesh has ratified both the Freedom of Association and Protection of the Right to

Organise Convention, 1948 (No. 87), and the Right to Organise and Collective

Bargaining Convention, 1949 (No. 98).

Background

A. The complainant’s allegations

 The complainant alleges that the Government of Bangladesh has denied the right of

freedom of association to workers in the export processing zones (EPZs) in the country.

According to the complainant, in 1992, after the United States Government threatened to

revoke the generalized system of preference (GSP) facilities granted to Bangladesh

because of the country’s denial of trade union rights in its EPZs, the Government of

Bangladesh agreed to phase out the suspension of labour laws in the EPZs in three phases

as follows: restoration of the Employment of Labour (Standing Orders) Act, 1965, in

1995; restoration of section 3 of the Industrial Relations Ordinance 1969 to allow

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freedom of association and formation of unions, in 1997; and restoration of all sections of

the Industrial Relations Ordinance, 1969, in 2000. The complainant alleges that after the

Government missed the first two deadlines, the United States Government indicated in

1999, that Bangladesh would lose its GSP status unless freedom of association was

guaranteed in EPZs. The Government of Bangladesh then gazetted an official notice on

31 January 2001 to the effect that all workers in EPZs would have their legal rights in the

zones, effective from 1 January 2004. According to the complainant, in the latter half of

2003 the Government however appeared to be backtracking on the issue of granting trade

union rights in EPZs and towards the end of the year, the Government of Bangladesh

indicated that it would seek an extension or alternative plan to the gazette notification of

January 2001. On 28 December, the United States Ambassador agreed to extend the

deadline for a relatively short period during which an agreement was to be negotiated to

enable freedom of association to be granted to the EPZs. The Government of Bangladesh

invited the World Bank to mediate this process.

 The complainant further states that it has repeatedly made approaches to the Government

stressing that, as per the ILO standards which the Government is committed to observe,

workers in EPZs cannot be denied either freedom of association or the right to bargain

collectively, and have as much right as other workers to the full application of these

standards.

B. The Government’s reply

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 The Government states that 130,000 workers are employed in the country’s EPZs. During

the initial period of operation, labour laws were not suspended in the EPZs. However, in

1986 the country’s first EPZ in Chittagong, suffered serious labour unrest due to

instigation from vested interest groups and outside trade unions. In order to restore the

productive working environment and to safeguard labour employment and foreign

investment, the following laws were suspended through government notifications: the

Industrial Relations Ordinance, 1969, on 6 March 1986; the Employment of Labour

(Standing Orders) Act, 1965, on 6 March 1986; and The Factories Act, 1965, on 9

January 1989. The Government indicates that the following factors were taken into

consideration while deciding to exempt EPZs from the application of the aforesaid laws:

(i) the reservation of foreign investors to trade unionism;

(ii) the need to create an enabling environment for the industrial growth of the country – the

Government points out that in the case of a developing country like Bangladesh, apart from

labour rights issues, associated socio-economic factors like literacy rate, life expectancy, poverty

level, required environment and infrastructure should be taken into account. According to the

Government, these are factors which would facilitate appropriate application of workers’ rights

in EPZs and produce a meaningful outcome for all stakeholders;

(iii) the economic realities of the country – the Government states that 33.7 per cent of the total

population of Bangladesh still lives under the poverty line and it has been striving hard to

alleviate poverty by creating

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more employment opportunities. EPZs in Bangladesh are considered as one means to achieve

this objective. The historical experience with trade unions has however not been encouraging and

the introduction of trade unions would put the 130,000 workers in EPZs and their dependent

family members in a state of uncertainty. The right of EPZ workers to food, shelter, medical

facilities and other basic needs also should be treated with utmost importance. The potential

threat of abuse of workers’ rights in the name of trade unions is likely to retard the economic

development of the country in terms of job loss and foregoing export earnings, foreign direct

investment as well as linkage benefits.

 The Government states that the American Federation of Labor-Congress of Industrial

Organizations (AFL-CIO) had filed a number of petitions appealing for the withdrawal of

the GSP facility to Bangladesh until the restoration of the abovementioned laws in the

EPZs. It adds that the Bangladesh Export Processing Zones Authority (BEPZA) had

taken several reformative measures in a bid to comply with international labour standards

both by modification of its existing instructions and introducing new instructions. These

measures include making the workers’ welfare committees more democratic and

participatory, providing workers’ representatives the opportunity to discuss on all matters

of mutual interest and protection against disciplinary action initiated by the management

or punishment. The Government also refers to a report of a foreign independent audit

firm SGS, which reviewed the BEPZA instructions and the performance of workers’

welfare committees. According to the Government, the findings of this firm suggest that

BEPZA instructions are much more effective in addressing workers’ benefits,

employment conditions and wages issues. The report also stressed the need for additional

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training in order to strengthen workers’ welfare committees and create a sound industrial

relations environment within the EPZs.

 The Government finally states that a separate law entitled “EPZ Workers’ Associations

and Industrial Relations Act, 2004 (Act No. 23 of 2004)”, was enacted on 18 July 2004,

giving rights to workers in EPZs to form associations of their own.

Recommendations

The Committee’s recommendations

 The Committee requests the Governing Body to approve the following recommendations:

(a) The Committee urges the Government to review the EPZ Workers’ Associations and

Industrial Relations Act, without delay in the light of its conclusions set forth above, so as to

ensure meaningful respect for the freedom of association of EPZ workers in the very near future,

and to keep it informed of all measures taken in this regard. In particular, the Committee requests

the Government to take all necessary measures to:

(i) amend section 13(1) so as to expedite the recognition of the right to organize to EPZ workers,

in view of the blanket denial of the right to organize until 31 October 2006,which it deplores;

(ii) amend section 11(2) so as to ensure that workers’ representation and welfare committees may

continue to function beyond 31 October 2006 in industrial units where a workers’ association has

not been formed and that their continuance is not subject to the employer’s approval, while

ensuring that the establishment and functioning of workers’ organizations are not undermined;

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(iii) amend section 24 so as to ensure that workers in industrial units established after the

commencement of the Act may form workers’ associations from the beginning of their

contractual relationship;

(iv) repeal section 25(1) so as to ensure that there exists the effective possibility of establishing

more than one workers’ association in an industrial unit, if the workers choose to do so;

(v) amend the legislation, in consultation with the workers’ and employers’ organizations

concerned, so as to avoid the obstacles that can be created by the minimum membership and

referendum requirements to the formation of workers’ organizations in export processing zones;

(vi) amend section 17(2) so as to eliminate the need for approval of the constitution drafting

committee by the executive chairperson of the authority;

(vii) repeal section 16 so that workers shall not be barred from establishing organizations simply

because their attempt to establish a workers’ association may have failed;

(viii) repeal the whole of section 35 so as to ensure that the issue of deregistration of workers’

associations is governed solely by the constitutions of the associations and so that workers in

industrial units in EPZs are not deprived of their right to organize for any period of time

following the deregistration of a workers’ association;

(ix) repeal sections 36(1)(c), (e)-(h) and 42(1)(a) so as to ensure that the extremely serious

consequence of cancellation of a workers’ association is restricted to the seriousness of the

violation committed;

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(x) amend section 18(2) so as to ensure that workers’ associations in EPZs are not required to

obtain prior authorization to receive financial assistance in respect of their trade union activities;

(xi) amend section 88(1) and (2) so as to expedite the recognition of industrial action in EPZs

before 31 October 2008;

(xii) amend section 54(3) and (4) so as to ensure that industrial action in EPZs may only be

restricted in accordance with the principle of providing for a negotiated minimum service so as

to effectively ensure the safe functioning of machinery within the EPZs or to avoid an acute

national crisis endangering the normal living conditions of the population;

(xiii) amend section 32(1) so as to ensure that the formation of federations is not conditional on

an excessively high requirement concerning member associations;

(xiv) amend section 32(3) so as to ensure that federations formed in EPZs have the right to form

and join confederations at a regional or national level; and

(xv) ensure that the elections to be held under the provisions of the Act are conducted without

any interference from the public authorities, including the BEPZA and its executive chairperson.

(b) The Committee requests the Government to clarify the impact of section 13(3) of the Act on

newly formed organizations after October 2008 and, if this provision would result in the

limitation of workers’ associations to a trial period, to ensure its immediate repeal.

(c) The Committee reminds the Government that it may avail itself of the technical assistance of

the Office, if it so desires.

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(d) The Committee draws the attention of the Committee of Experts on the Application of

Conventions and Recommendations to the legislative aspects of the case.

Chapter XII

Filed work and its experience

I went to as many as four different factories which are namely-

1. Bangladesh Lamps Pvt. Ltd. (Philips)

2. Ashraf Textile Mills,

3. ABA Fashions limited,

4. Bata.

What I found out about the existence of trade union in those factories has been discussed below

one after one.

1. Bangladesh Lamps Pvt. Ltd. (Philips)

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Bangladesh Lamps Pvt. Ltd. (Philips) is situated in Mohakhali at Dhaka. . Bangladesh Lamps

Pvt. Ltd. (Philips) has two registered trade union, these are-

1) Bangladesh Lamps Ltd. Sramik Karmachari Union; and

2) Bangladesh Lamps Ltd. Employees Union.

Recently there was election for electing CBA. Bangladesh Lamps Ltd. Employees Union elected

CBA for two years. I toke interview of two CBA leader one is newly elected president of CBA

Md. Unous Ali and other one is General Secretary of CBA M.A. Motin.

They are confused to giving interview they are avoiding many matter in the name internal matter.

Although they giving following information;

Their trade union established in 1964 it become CBA first time in 1984. The trade union have

170 members. Their CBA committee consisted with eight members. They collect their fund by

taking subscription from the trade union member. They claim they have no relation with any

political party also not with any NGO. Their main objective is work for the general labour. They

want to maintain good relation with employer. They did not arrange yet any training session or

lecture for general labour in respect of their right, duty, responsibilities confer in law. They said

that in time of emergency (2007-2008) their activity was totally stopped. Due to emergency there

was delay in election. They demand there have very few dispute between employer and

employee. If any dispute arise they prefer negotiation to solve it.

2. Ashraf Textile Mills:

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Ashraf Textile Mills, was established during the Pakistan period. It is situated in Tangi at

Gazipur. It was establish in 1963. It spreads over an area of 52 Bighas. It played an imperative

role to the economy of Bangladesh for about more than four decades. However, back in February

of 2006 it was totally shut down due to some inevitable circumstances.

I was informed that it had just a one trade union of the workers consisting of 24 various

designations. This trade union was duly registered in the manner prescribed by the sec-182. The

members of it were elected though an election. This election took place through a secret ballot

box every two years.

The trade union worked with the prime object of regulating the relation between workers

and employers or workers and workers.

However, I was informed that it could not extract too much of positives out of this trade union.

Infect they had to face serious undue troubles arising out of this trade union. The collective

Bargaining Agents at various times came up with such proposals which never really reflected the

demand of the general workers. Instead the CBA always tried level best to meet their own

welfare which often adversely affected the welfare of the general workers. Trade union leaders

of here are involved with political party; they had good relation with leader of political party so

they are so powerful. They use their political power in industrial area. Employers are unable to

stop them. Due to abuse of freedom of association right this Textile Mill is totally shut down.

3. ABA Fashions Limited:

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This is a concern of ABA group. It is situated in Tangi at Gazipur. They claimed

themselves to be issued a “compliance certificate”. However, they don’t have any trade union.

Rather they have a WWC-Worker’s Welfare Committee which consists of only the employers.

This committee is elected by the workers through an open vote. If there arises any dispute the

workers present their claims before the committee. The committee enjoys exclusive right to

either accept the claims or to reject the claims and there is no scope of appealing against such

rejection.

4. Bata:

Bata is a well known multi national company. Although, initially it was an

Yugoslavian company currently it is a Canada based company. The factory spreads over 33 acres

of land. It has two trade unions. The trade unions are duly registered. The members of trade

union are elected through a secret ballot election. This election takes place every two years.

Recently there was an election. There have sound environment of trade union activates. Trade

union leader responsible to their liabilities.

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Chapter XIII

Findings

After work on the field of trade union in Bangladesh, I got several problems and got quite a lot of

reason behind that; these are mainly discussed in below:

 Political involvement:

Political involvement is very common scenario in trade union; most of the trade unions of

Bangladesh’s are politicized. Majority of trade unions are having political leanings. Trade

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unions move on the direction of political party. Most of the Leaders of the trade unions

involved with politics.

 The illiteracy of the labours:

It is true that the labours of Bangladesh are mostly illiterate. Illiteracy is like the

darkness. It makes them insecure and weak to fight against the corruption an ill practice.

So, for the slit of the Illiteracy of the labours the trade union leaders become corrupted.

 Lack of proper enforcement of Labour law:

Timely and proper enforcement of labour laws in industrial sector has been ignored for

long. The government enforcement machinery is so weak that it could not ensure proper

enforcement of labour laws. Ineffectiveness of the dispute settlement machinery is also

responsible for deterioration of sound labour management relationship.

 The unawareness of the Trade union laws of the labours:

Most of the labours of Bangladesh do not know that especially for them there is a law in

Bangladesh named Bangladesh Labour Act, 2006. So it is almost impossible to be

concerned about the trade union laws for them. For the ignorance of trade union laws

they can not fight against their violation of rights.

 The bad intentions of the Employer :

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Mostly The owners always want the labours to work hard and gain profit. So, they use the

trade union leaders as a weapon. When labours get heavy work load but do not get the

expected remuneration, they usually go to the trade union’s leaders for the assurance of

justice. That time the most CBA leaders never speak on behalf of the labours because

they have already taken preference from the owners not to fight for the labours right.

 Improper Application of Section 187 of the Bangladesh labour Act, 2006:

Section 187 of the Bangladesh labour Act, 2006 provides “No president, general

Secretary, or Treasurer of any trade union shall be transfer from one district to another

without his consent”. This section is the great weapon for the corruption of the trade

union leaders. Because, by using this provision trade union leader have the opportunity to

stay in a same establishment and to be connected with the local politics. In course of time

they become powerful having with the hands with local political leaders. So during the

time they do many things which are the violation of the interest of labour.

 Interference of outsiders in the Trade Union’s Internal Matters

It is very common phenomena that the labours who are not member of the particular trade

union interfere into the internal matter of that trade union. They encouraged other to do

illegal labour practise, because outsider know that if any punishment is given for that

they will not suffer as they are not the member of the trade union.

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 Role of trade union leaders

The role of trade union leaders are not well in practical, they are related with political

party and work behalf them, and they are also highly corrupted, they work for the

employer rather than work for labour. Some of their role discussed in below-

 Political relation of the trade union leaders:

Almost all the trade union leaders are related with the local political leaders. So

they feel powerful always and no labour even the owners dare to speak against

them.

 The blackmailing of the trade union leaders by giving jobs to the labour:

Trade union or CBA leaders give the job in an industry requesting the employers

because they have an influence to the employers. Usually, the labour get the job

by the trade union or CBA leaders never dares to speak against the leaders though

he does many eradicative violation of trade union right of the labour.

 Labour Inspector and trade union leaders:

Bangladesh labour Act, 2006 provides that the inspectors will have the right to

inspect the trade union activities, but inspectors seldom go to do it. Even if

they go, the trade union leaders bribe them so they never speak against the

irregularities of the trade union.

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Chapter XIV

Recommendations

 Newly enacted labour law (The Bangladesh Labour Act of 2006) also contain some

restriction for free trade union so the law need to amend. Also some loopholes in the law.

Following suggestions of change are Recommended-

 Before a union can be registered, 30 percent of workers in an enterprise

have to be members, and the union can be dissolved if its membership

falls below this level. This rule need to changed, for 30 percent members

requirement many trade union are failed to from trade union and many

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trade union are disable to registered as a result they are working without

registration.

 Trade Unions can only be formed at the factory or establishment level,

with some exceptions (such as private road transport, private inland river

transport, tea, jute bailing, bidi production) where union formation can

take place based on geographic area. This restriction need to be extract.

 There can be no more than three registered trade unions in any

establishment, it limits the freedom of association, in some massive

establishment more than three trade unions can be required.

 The Section 187 of the Bangladesh Labour Act, 2006 provides “No

president, general Secretary, or Treasurer of any trade union shall be

transfer from one district to another without his consent” it should be

amended. The law can be amended to the effect that if any trade union

leader is proved corrupted or many allegations are made against him for

corruption, he can be suspended for a particular period of time or he can

be transferred to any other backward district as a punishment.

 The Registrar of Trade Unions has wide powers to interfere in internal

union affairs and may also cancel the registration of a union with Labour

Court approval. This type of rigidity need to be changed

 Under the Bangladesh Labour Act, 2006, workers in government or

employed in offices under government authority are prohibited from

belonging to a trade union with the exception of railway, postal,

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telecommunications, public works, public health engineering and

government printing press workers. It is clear violation of the freedom of

association so it needs to be changed.

 Members of local government units, fire fighters and the security forces

are also denied the right to form unions. Again it is violation of the

freedom of association so they must need to attain this right.

 Managerial staff and employees who are designated by employers as

"confidential" are prevented from joining unions. They also prefer the

association right.

 The law relating to trade union should be amended with provisions

concerning the empowerment and welfare of the general labour. Suppose

the trade union can help the family of a labour who faces any great

problem, a cooperative society can be created for this purpose.

 A special provision should be added in the Act for the penalty of the

inspectors if they are convicted for the bribery from the industry owners.

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 A healthy democracy should be established in our country so that the labour can enjoy

their fundamental rights to form any trade union.

 The mentality of the owners of the establishments should be changed. Thus why proper

trade union activities can be run in the country.

 The trade unions should not have any relations with any political party as there will

always be an influence of the political ideology over the labour of trade unions and they

will start to work to fulfil the political goal rather than to work for the benefit of the

labour.

 The labour should be given a fair chance and should be given proper knowledge about

their rights and fighting corruption related matters.

 The labour should be given knowledge about their right what they are confer by the law,

to ensure that training or workshop regarding it can be arranged.

 The trade union leaders' corruption should be dealt with seriously. If one incident of

corruption is properly taken care of then a sense of awareness will be created among all

other leaders and workers.

 Corruption in registration of trade unions should be prevented by making the whole

process of registration as a transparent one and by mentioning the powers and functions

of the Registrar.

 CBA leader are highly corrupted they earn lot of money in illegal way most of the

corrupted CBA leader work for the employer rather than work for labour. Their

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corruption need to be stop by enforcing law and also by increasing awareness to the

labour.

 Eternal democracy need to be practise in trade union.

 The leadership of trade unions should be given to qualified, experienced, dedicated and

committed leaders who are more likely to work for the labour as opposed to their own

gain.

 The government and their officials should stop interfering in any trade union’s internal-

matter.

 There are many restrictions for EPZ worker in respect of freedom of association; these

restrictions need to be ban.

 There is no legal binding for Ready-made garment worker to form a trade union but in

practical they have many restrictions on behalf of employer and also from government

not to from trade union; this type of restriction should be stopped.

 Political parties of the country should be prevent them self from interfering trade union

activities.

Chapter XV

CONCLUSION

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Existing labour rights and emerging trends of trade unions in Bangladesh call for re-

thinking. Trade unions in Bangladesh contribute to a lack of solidarity and collaboration

on certain issues. The union movements consider reaching out to the unorganised and

vulnerable’ groups as a way to ensure the future relevance of trade unions. By removing

the political leadership from trade unions and other labour organizations; by reducing

government intervention and at last by enforcement and amending the existing labour

laws, proper trade unions and labour rights can be ensured in Bangladesh.

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