WILL THE AMENDMENTS BROUGHT

ABOUT IN 2018 TO THE BANGLADESH

LABOR ACT 2006 ENSURE BETTER
LABOR LAW IN BANGLADESH?

SUBMITTED BY
K.A.M.MOSHIUZZAMAN
ROLL: 2023031078
SESSION: JANUARY, 2020(B)
AMENDMENT 23
• 182 (1)
• PREVIOUS ACT (2006): THE DIRECTOR OF LABOUR SHALL, ON BEING
SATISFIED THAT A TRADE UNION HAS COMPLIED WITH ALL THE
REQUIREMENTS OF THIS CHAPTER, REGISTER THAT TRADE UNION IN THE
REGISTER PRESCRIBED BY RULES AND SHALL ISSUE A REGISTRATION
CERTIFICATE IN THE FORM PRESCRIBED BY RULES, WITHIN A PERIOD OF 60
(SIXTY) DAYS FROM THE DATE OF RECEIPT OF THE APPLICATION FOR
REGISTRATION.
• AMENDED ACT (2018): THE DIRECTOR GENERAL SHALL, ON BEING SATISFIED
THAT A TRADE UNION HAS COMPLIED WITH ALL THE REQUIREMENTS OF
THIS CHAPTER, REGISTER THAT TRADE UNION IN THE REGISTER PRESCRIBED
BY RULES AND SHALL ISSUE A REGISTRATION CERTIFICATE IN THE FORM
PRESCRIBED BY RULES, WITHIN A PERIOD OF 55 (FIFTY-FIVE) DAYS FROM THE
DATE OF RECEIPT OF THE APPLICATION FOR REGISTRATION.
• OUTCOME: FOR THIS AMENDMENT, EMPLOYEES NOW CAN HAVE THEIR TRADE
UNION REGISTERED MORE QUICKLY.
AMENDMENT 24
• PREVIOUS ACT (2006): REGISTRATION OF TRADE UNION IN CIVIL
AVIATION ESTABLISHMENTS. NOTWITHSTANDING ANYTHING CONTAINED
IN THIS CHAPTER, WHERE ANY RECOGNIZED INTERNATIONAL
ORGANIZATION EXISTS IN RESPECT OF ANY SPECIALIZED OCCUPATION OR
SERVICE IN THE FIELD OF CIVIL AVIATION, THE WORKERS EMPLOYED IN
SUCH OCCUPATION OR SERVICE MAY FORM TRADE UNION OF THEIR OWN IN
THE CIVIL AVIATION IN BANGLADESH, IF SUCH TRADE UNION IS NECESSARY
FOR AFFILIATION WITH SUCH INTERNATIONAL ORGANIZATION.
• AMENDED ACT (2018):
• REGISTRATION OF TRADE UNION IN CIVIL AVIATION ESTABLISHMENTS.
NOTWITHSTANDING ANYTHING CONTAINED IN THIS CHAPTER, THE PILOTS,
ENGINEERS AND CABIN CREW EMPLOYED IN THE FIELD OF CIVIL AVIATION
MAY FORM TRADE UNION OF THEIR OWN TO AFFILIATE WITH ANY
RECOGNIZED INTERNATIONAL ORGANIZATION.
• OUTCOME: THIS AMENDMENT HAS REDUCED THE LIMITATIONS FOR THE
PILOTS, ENGINEERS AND CABIN CREW TO FORM TRADE UNION OF THEIR
OWN TO AFFILIATE WITH ANY RECOGNIZED INTERNATIONAL
ORGANIZATION.
AMENDMENT 25

• 188 (2)
• PREVIOUS ACT (2006): THE DIRECTOR OF LABOUR MAY REFUSE TO REGISTER
ANY SUCH AMENDMENT OR CHANGE IF IT IS MADE IN CONTRAVENTION OF ANY
PROVISION OF THIS CHAPTER OR OF THE CONSTITUTION OF THE TRADE UNION.
• AMENDED ACT (2018): THE DIRECTOR GENERAL MAY REFUSE TO REGISTER ANY
SUCH AMENDMENT OR CHANGE IF IT IS MADE IN CONTRAVENTION OF ANY
PROVISION OF THIS CHAPTER.
• OUTCOME: THIS AMENDMENT HAS USED THE NEW TITLE GIVEN TO THE
DIRECTOR. IT HAS ALSO REDUCED HIS POWER OF REFUSAL.
AMENDMENT 26
• 190 (1)
• PREVIOUS ACT (2006): (A) THE TRADE UNION APPLIES FOR CANCELLATION
OF REGISTRATION
• AMENDED ACT (2018): (A) THE TRADE UNION APPLIES FOR CANCELLATION
OF REGISTRATION ON THE BASIS OF THE DECISION TAKEN IN THE GENERAL
MEETING;
• OUTCOME: THIS AMENDMENT HAS GIVEN THE TRADE UNION TIME TO TAKE
DECISION. THE EMPLOYEES CAN HAVE A GENERAL MEETING AND THEN
DECIDE WHETHER THEY WANT TO APPLY FOR CANCELLATION OF
REGISTRATION OR NOT.
AMENDMENT 27

• 195 (1)
• AMENDED ACT (2018): THE PROVISION OF SECTION 195 WILL BE RECALCULATED AS
SUBSECTION (1).
• 195 (2)
• NEW ACT (2018): THE GOVERNMENT WILL PREPARE STANDARD OPERATING
PROCEDURE TO DIRECT THE INVESTIGATION ACTIVITIES REGARDING UNFAIR
LABOUR PRACTICES, CONSISTENT WITH THE PROVISIONS OF THIS SECTION.
• OUTCOME: THIS AMENDMENT HAS ADDED A NEW SUBSECTION TO THE SECTION 195
OF LABOUR LAW. THE GOVERNMENT NOW IS REQUIRED TO DIRECT THE
INVESTIGATION ACTIVITIES REGARDING UNFAIR LABOUR PRACTICES BY
FOLLOWING THE STANDARD OPERATING PROCEDURE.
 AMENDMENT 28
• 196 (2)
• I) PREVIOUS ACT (2006): (D) COMPEL OR ATTEMPT TO COMPEL THE
EMPLOYER TO SIGN A MEMORANDUM OF SETTLEMENT OR TO ACCEPT OR
AGREE TO ANY DEMAND BY INTIMIDATION, COERCION, PRESSURE, THREAT,
CONFINEMENT TO OR EVICTION FROM A PLACE, DISPOSSESSION, ASSAULT,
PHYSICAL INJURY, DISCONNECTION OF WATER, POWER OR TELEPHONE
FACILITIES OR BY ANY OTHER MEANS;
• AMENDED ACT (2018): (D) COMPEL OR ATTEMPT TO COMPEL THE EMPLOYER
TO SIGN A MEMORANDUM OF SETTLEMENT OR TO ACCEPT OR AGREE TO ANY
DEMAND BY INTIMIDATION, COERCION, PRESSURE, THREAT, CONFINEMENT
TO OR EVICTION FROM A PLACE, DISPOSSESSION, ASSAULT, PHYSICAL
INJURY, DISCONNECTION OF WATER, ELECTRICITY, GAS OR TELEPHONE
FACILITIES OR BY ANY OTHER MEANS;
• OUTCOME: THIS AMENDMENT HAS CLARIFIED AND EMPHASIZED THE
PREVIOUS ACT BY REPLACING THE WORD ‘POWER’ WITH ‘ELECTRICITY,
GAS’.
AMENDMENT
• 196-KA 29
• NEW ACT (2018): 196-KA. ANTI-TRADE UNION DISCRIMINATION (1) IF THE
EMPLOYER VIOLATES THE TERMS OF EMPLOYMENT OF THE EMPLOYEE AND
RETALIATES DURING THE EMPLOYEE’S TRADE UNION PROCESS OR
REGISTRATION APPLICATION SETTLEMENT PROCESS OR AFTER THE
EMPLOYEE’S REGISTRATION, IT WILL BE AN ANTI-TRADE UNION
DISCRIMINATION DONE BY THE EMPLOYER.
• (2) THE GOVERNMENT WILL PREPARE STANDARD OPERATING PROCEDURE TO
DIRECT THE INVESTIGATION ACTIVITIES REGARDING ANTI-TRADE UNION
DISCRIMINATION, CONSISTENT WITH THE PROVISIONS OF THIS SECTION.
• OUTCOME: IT DESCRIBES THE ANTI-TRADE UNION DISCRIMINATION DONE
BY THE EMPLOYERS. FOR THIS AMENDMENT, THE CONCEPT OF ANTI-TRADE
UNION DISCRIMINATION IS NOW CLEAR. THE GOVERNMENT NOW IS
REQUIRED TO DIRECT THE INVESTIGATION ACTIVITIES REGARDING ANTI-
TRADE UNION DISCRIMINATION BY FOLLOWING THE STANDARD OPERATING
PROCEDURE.
AMENDMENT 30

• 202 (22)
• TERMINATED ACT (2018): IF IN AN ELECTION FOR DETERMINATION OF
COLLECTIVE BARGAINING AGENT ANY CONTESTING TRADE UNION GETS
LESS THAN TEN PERCENT OF THE TOTAL VOTES CAST, THE REGISTRATION OF
SUCH TRADE UNION SHALL STAND CANCELLED.
• OUTCOME: THIS AMENDMENT HAS TERMINATED THIS WAY OF TRADE UNION
CANCELLATION.
THANK YOU