Bangladesh – German Development Cooperation

Industrial Relations

PROGRESS (promotion of social, environmental and production standards in the ready -made garment sector) is a joint program of the Bangladesh
Ministry of Commerce and the German Federal Ministry of Economic Cooperation and Development (BMZ), implemented by GTZ .
Address: House 10 C, Road 90, Gulshan 2, Dhaka 1212, Bangladesh. Tel: +880 2 9887567, Fax: + 88028823099, E-mail: [email protected],1 W ebsite: www.gtz.de
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Trade Unions & Participation

Committee

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Trade Unions
Section 165 of BLL’06
Special definition of ‘worker’:
‘Worker’ means a worker defined under section 2 (65) (definition chapter) and
includes
- a person who has been dismissed, discharged, retrenched, laid off or
otherwise removed from employment in connection with a dispute;
- or as a consequence of that dispute;
- or whose dismissal, discharge, retrenchment, lay off or removal has led to
that dispute.

But it does not include

- a person employed as a member of the watch and ward; or

- security staff; or
- fire-fighting staff; or
- confidential assistant

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Trade Unions Section 2(15) of BLL’06

Definition of ‘trade union’:

‘Trade union’ means trade union of workers or
employers formed and registered under Chapter
13 of Bangladesh Labour Law 2006 and shall
include federations of trade unions.

Section 176 of BLL’06

Trade unions of workers and employers:

All workers have the right to:
a)
- form a trade union in order to regulate the
relations between workers and employers or
workers and workers; and
- to join a trade union of their own choice subject to
the constitution of the union concerned.

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Trade Unions
Definition of ‘trade union’ and its application:
b) All employers have the right:

- to form a trade union in order to regulate the relations between

employers and workers or employers and employers and
- to join a trade union of their own choice subject to the
constitution of the union concerned.
Application for registration of a Trade Union: Section 177 of BLL’06

Any trade union may apply for registration signed by its president and secretary.
The application for registration of a trade union shall be made to the Director of
Labor or to the officer authorized on this behalf.

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Trade Unions Section 179 of BLL’06

Requirements of registration

In order to get registered, a trade union needs to provide the information as

required in this section, such as

- the name and address of the trade union;

- the objective for formation of trade union;
- procedure regarding how to become a member;
- the source of funds of the trade union;
- the manner in which the constitution shall be amended;

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Trade Unions
Requirements of registration (cont.)

- the manner in which the trade union may be dissolved;

- the number of executive members (which shall be minimum 5 and maximum 35
as may be prescribed by the rules);
- the procedure for expressing want of confidence in any officer of the trade
union;
- number of trade union members (minimum membership requirement is 30% of
the total number of workers employed in the establishment).

No more than 3 trade unions shall be registered in any establishment.

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Industrial Dispute Section 2(52) of BLL’06

Collective bargaining agent

‘Collective bargaining agent’ means a

workers’ trade union or a trade union
federation which, under chapter 13,
is the agent of the workers in the
establishment, or group of
establishments, for collective
bargaining matters.

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Trade Unions Section 180 of BLL’06

Disqualification of trade union members

Disqualification of trade union members and officers: no person shall be entitled
to be, or to be elected as a member or an officer of a trade union, if

- s/he has been convicted of an offence involving moral turpitude or an offence

under section 196(2)(d)1 or section 298 2, and unless two years have elapsed
from the date of his/her release;
- s/he is not an employee in the establishment in which the trade union is
formed.

1Compel or attempt to compel the employer to sign a memorandum of settlement or to accept or agree to any
demand by using intimidation, coercion, pressure, threat, confinement to or ouster from a place, dispossession,
assault, physical injury, disconnection of telephone, water or power facilities or such other methods.
2Whoever dishonestly embezzles or misappropriates or converts to his own use any money of the workers’
provident fund, shall be punishable with imprisonment for a term which may extend to three years, and shall also
be liable to fine.

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Trade Unions
Transfer, registration and restriction on dual membership
Section 187 of BLL’06

Transfer of Trade Union President etc.: no President, General Secretary,

Organizing Secretary or Treasurer of any trade union shall be transferred from one
district to another without his/her consent.
Section 192 of BLL’06

Trade Union Registration: no unregistered trade union or whose registration has

been cancelled shall function as a trade union.
Section 193 of BLL’06

Restriction on Dual Membership: no worker or employer shall be entitled to enroll

him/herself to be a member of more than one trade union at the same time.

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Trade Unions Section 190 of BLL’06

Cancellation of registration
The registration of a trade union may be cancelled by the Director of Labour, if the
trade union has

- applied for cancellation of registration;

- ceased to exist;
- obtained registration by fraud or by misrepresentation of facts;
- contravened any of the basic provisions of constitution;
- committed any unfair labor practice;
- a membership size fallen short of the number required under this act;
- contravened any of the provisions of this act of or the rules;
- the Director of Labour shall submit an application to the Labour Court praying for
permission to cancel such registration; within 30 days, after getting the permission
from Labour Court, the Director of Labour shall cancel the registration.

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Trade Unions Section 195 of BLL’06

Unfair labour practices by the employer

The following acts are unfair labour practices on the part of the employer:

- to impose any condition in employment contract to restrain the right to join a trade
union or continue membership of a trade union; or

- to refuse to employ or refuse to continue to employ any person on the ground that
such person is, is not, a member or officer of a trade union; or

- to discriminate against any person in employment on the ground that such person is,
is not, a member or officer of a trade union; or

- 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 of officer or a trade union,
participate in the promotion, formation or activities of a trade union;

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Trade Unions
Unfair labour practices by the employer (cont.)

- 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 of offering to produce any advantages for such person or any person;

- to compel or attempt to compel any officer of the collective bargaining to sign a

memorandum of settlement or arrive at a settlement, by using intimidation,
coercion, pressure, threat, confinement to a place, physical injury, disconnection
of water, power and telephone facilities and such other methods;

- to interfere with, or in any way influence the election provided for in this act;

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Trade Unions
Unfair labour practices by the employer (cont.)

- to recruit any new worker during the period of strike under this act or during the
currency of a strike which is not illegal, except where the conciliator has, being
satisfied that complete cessation of work is likely to cause serious damage to the
machinery of installation, permitted temporary employment or a limited number of
workers, in the section where the damage is likely to occur;

- to fail deliberately to take any communications made by the collective bargaining

agent in respect of any industrial dispute;

- to fail to give reply to any communications made by the collective bargaining agent
in respect of any industrial dispute

- to transfer the president, general secretary, organizing secretary or transfer of any

registered trade union in contravention of this act;

- to commence, continue, instigate or incite others to take part in an illegal lockout.

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Trade Unions Section 196 of BLL’06

Unfair labour practices by workers

The following acts fall under unfair labour practices on the part of the worker:

- Without the permission of the employer no worker shall be engaged in any trade
union activities (related to the participation in any committee, negotiation,
conciliation, arbitration or proceedings under this Act) during the office hours
except:

- the trade union activities of the President or the General Secretary of their trade
union and the employer being properly informed of such activities;

- activities related to intimidate any person to become, or refrain from becoming

or to continue to be, or to cease to be a member or officer of a trade union;

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Trade Unions
Unfair labour practices by workers (cont.)
- 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;

- to compel or attempt to compel any worker to pay, or refrain from paying,

any subscription towards the fund or any trade union by using intimidation,
coercion, pressure, threat, confinement to a place, physical injury,
disconnection of telephone, water or power facilities or such other
methods;

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Trade Unions
Unfair labour practices by workers (cont.)

- to compel or attempt to compel the employer to sign a memorandum of settlement

or accept or agree to any demand by using intimidation, coercion, pressure, threat,
confinement to or ouster from a place, dispossession, assault, physical injury,
disconnection of telephone, water or power facilities or such other methods;

- to commence, continue an illegal strike or a go-slow or instigate or incite others to

take part in an illegal strike or a go-slow;

- to resort to gherao, obstruction to transport or communications system or

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

- It is the unfair practice for a trade union to interfere with a ballot by the undue
influence, intimidation, impersonation or bribery through its executive or through
any other person acting on its behalf.

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Participation Committee Section 205 of BLL’06

• The employer shall form a participation committee in the prescribed manner

(sections 178, 179) in an establishment having 50 or more workers employed.
• Such committee shall be formed with the representatives of the employers and the
workers.
• The number of workers’ representatives shall not be less than the representatives
of the employer.
• Workers’ representatives shall be nominated by the trade unions in the
establishment. But if there is no trade union, in that case, the workers’
representatives shall be chosen from the workers in the prescribed manner
according to which the participation committee is formed.
• Each of the trade unions shall nominate an equal number of representatives. But
the collective bargaining agent shall nominate one more representative than the
number of the representatives nominated by the other trade unions.

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Participation Committee Section 206 of BLL’06

Functions

The functions of the participation committee are to develop a sense of

belongingness, responsibility and loyalty of the workers, and especially:

• to promote mutual trust, understanding and cooperation between the

employer and the workers

• to ensure application of labour laws

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Participation Committee
Functions (cont.)

• to encourage a sense of discipline and to improve safety, occupational health

and working conditions

• to encourage vocational training, workers’ education and family welfare

training

• to adopt measures for the improvement of welfare services for the workers
and their families

• to fulfill production targets, improve productivity, quality, reduce production

costs and waste

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Participation Committee Section 207 of BLL’06

Meetings

The Participation Committee shall meet at least once in every two months to
discuss, exchange views and recommend measures for performance of the
functions.

The proceedings of every meeting of the Participation Committee shall be

submitted to the Director of Labour and the Conciliator within 07 days of the
date of the meeting.

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Participation Committee: Issues for Discussion (examples)

Management Workers

1. No canteen facility
☺ ☺ 2. No childcare facility ☺☺
☺☺☺ 3. Occupational health & safety
training - only once in a year ☺☺☺
☺☺☺ 4. Workers do not use personal
protective equipments ☺☺☺
5. Workers do not wear identity
cards during working hours

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Participation Committee
Recommendations by the Participation Committee:

• Canteen facility should be provided

• Child care facility should be provided immediately
• Training on occupational health and safety should be provided at least once
every month so that all workers including the new workers can get training
• Workers should use personal protective equipments for their own safety
• Workers should wear identity cards during working hours

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Workers‘ Responsibilities

Workers should

• not be a member of more than one trade union at a time

• not intimidate any person to become a member / officer of a trade union

• not compel any worker to pay subscription to any trade union by using
threat

• not compel the employer to sign a memorandum of settlement or agree to

any demand by using threat, confinement to a place, physical injury,
disconnection of telephone, water or power facilities etc.

• not commence, continue an illegal strike

• not resort to gherao (strike) or destruction of any property in furtherance

of any demand or object of a trade union.

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Consequences of non-compliance with trade

union and participation committee legislation

• Unhealthy relationship between workers and management

• Workers are deprived of their right to form associations and bargain
collectively
• Workers cannot voice demands and grievances in front of management
• No possibility to discuss and solve problems jointly
• Loss of chances of getting conflicts resolved before they get bigger
• Risk of labour unrest

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THANK YOU

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