Freedom of association trade union & cba

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Freedom of Association and

Collective Bargaining

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Workers and Employers’ Organizations

(Trade Unions)

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- 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

Trade Unions

‘Worker’ means a worker defined under section 2 (65) (chapter one) and includes

Special definition of ‘worker’:

Section 175 of BLA’06

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- form a trade union in order to regulate therelations between workers and employers orworkers and workers; and

- to join a trade union of their own choicesubject to the constitution of the unionconcerned.

Trade Unions

Definition of ‘trade union’:

‘Trade union’ means trade union of workers or

employers formed and registered under Chapter

13 of Bangladesh Labour Act 2006 and shall

include federations of trade unions.

Trade unions of workers and employers:

a) All workers have the right to:

Section 2(15) of BLA’06


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b) All employers have the right:

Application for registration of a Trade Union:

Any trade union may apply for registration signed by its president and Gen.secretary.

The application for registration of a trade union shall be made to the Registrarof Trade Union (RTU) of the concerned area or to the officer authorized by himon this behalf.

Trade Unions

Definition of ‘trade union’ (Contd.):

- to form a trade union in order to regulate the relations betweenemployers and workers or employers and employers and

- to join a trade union of their own choice subject to the constitution ofthe union concerned.


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In order to get registered, a trade union needs to provide theinformation 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 of the union;

- the source of funds of the trade union;

- the manner in which the constitution shall be amended;

- 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);

Trade Unions

Requirements of registration


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the manner of election of officers by the general body of the trade union and the tenure, not

more than two years for an establishment, and not more than three years for a group of

establishments;

Provided that if an election cannot be held within 2 years for a trade union and 3 years for a

group of establishments due to circumstances beyond control namely state of emergency,

serious natural disasters (force majure), the existing committee shall not be declared void.

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. In some exceptional cases, majority of

the workers are required).

In general case, not more than 3 trade unions shall be registered in any establishment.

Trade Unions

Requirements of registration (cont.)

Wherever a trade union is formed in an establishment, if there is 20 precent of the total

workforce are female, then at least 10% of female members shall be included in the executive

committee of the union.

Provided that those unions, which are registered under this (amendment) Act, shall be guided

by the same.

Section 179(1) of BLA’06 and Sec 51(a) of BL(A)A’13

Section 176(e) of BLA’06 and Sec 48 of BL(A)A’13

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

offence under section 196(2)(d)1 or section 2982, 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:

Provided that in Public Sector Industrial Enterprises, if trade union

members desire then they can elect ten percent non-worker members in

their executive committee.

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 or the fund of the union, shall be punishable with imprisonment

for a term which may extend to three years, and shall also be liable to fine.

Trade Unions

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

Disqualification of trade union members

Section 180 of BLA’06 and Section 58 of BL(A)A’13

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Transfer of Trade Union President etc.: None of the executive committee

member of any trade union shall be transferred from one district to another

without his consent.

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

been cancelled shall function as a trade union.

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 in the same

establishment at the same time.

Trade Unions

Transfer, registration and restriction on dual membership

Section 187 of BLL’06 and Sec 54 of BL(A)A’13



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The registration of a trade union may be cancelled by the Registrar of Trade Union

(RTU), 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 its constitution;

committed any unfair labor practice (section 196 of BLA’06);

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 RTU 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 RTU shall cancel the registration.

Trade Unions

Cancellation of registration


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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 or officer of a trade union,

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

Trade Unions

Unfair labour practices by the employer


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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 produce any advantages for such person or any person;

to compel or attempt to compel any officer of the collective bargaining agent 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 sec. 202 this

act;

Trade Unions

Unfair labour practices by the employer (cont.)

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to recruit any new worker during the period of strike under this act or during the

period 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 of a limited number of

workers, in the section where the damage is likely to occur;

to fail deliberately to take any actions as recommended by the participation

committee;

to fail to give reply to any communications made by the collective bargaining agent

in respect of any industrial dispute;

to transfer any of the executive committee members of any registered trade union

in contravention of this act;

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

Trade Unions

Unfair labour practices by the employer (cont.)

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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;

Trade Unions

Unfair labour practices by workers

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


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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 of 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;

Trade Unions

Unfair labour practices by workers (cont.)

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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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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 usingthreat

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

(complicated)

Risk of labour unrest

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IndustrialDispute

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- employers and employers, or

- employers and workers, or

- workers and workers,

- employment or non-employment, or

- the terms of employment, or

- the conditions of work of any person.

Industrial Dispute

Definition of Industrial Dispute: ‘Industrial dispute’ means any dispute or

difference between

which is connected with


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‘Collective bargaining agent’ means a

workers’ trade union or a trade union

federation (fulfilling certain

conditions) which, under chapter 13,

is the agent of the workers in the

establishment, or group of

establishments, for collective

bargaining matters.

Industrial Dispute

Collective bargaining agent Section 2(52) of BLA’06

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A dispute is an industrial dispute only when it is raised either by a collective

bargaining agent or an employer as per Chapter 14 of BLA’06.

Settlement of industrial dispute

Industrial Dispute

Raising of an industrial dispute

At any time, if any employer or a collective bargaining agent finds that an

industrial dispute may arise between the employer and the workers, or any

of the workers, then the employer or the collective bargaining agent, as the

case may be, shall communicate his views in writing to the other party.



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Within 15 days of the receipt of such communication, the receiving

party shall arrange a meeting for collective bargaining on the issue

raised, in consultation with the representatives of the other party.

Such meeting may be held with the authorized representatives of the

parties.

If the parties reach a settlement on the issues discussed,

Industrial Dispute

Raising of an industrial dispute (cont.)

1Through notification in the Official Gazette the Government shall appoint a conciliator for any specific area

or any industrial establishment or industry.

- A memorandum of settlement shall be recorded in writing and

signed by both the parties;

- A copy of such settlement shall be forwarded by the employer to

the Government, the Director of Labour and the Conciliator1;

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Industrial Dispute


If the party receiving a communication under sub-section (1) of sec. 210

fails to arrange a meeting within 15 days, or

No settlement is reached within one month from the date of the first

meeting for negotiation, or such further period as may be agreed upon in

writing by both the parties, then within 15 days from the expiry of the

specified period, any of the parties may report the matter to the

conciliator and request him in writing to conciliate in the dispute and the

conciliator shall proceed to conciliate the dispute within 10 days from the

receipt of such request.

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The conciliator shall start conciliation and shall call a meeting of the

parties to bring about a settlement.

If the dispute is settled the conciliator shall send a report to the

Government together with a memorandum of settlement signed by the

parties.

If the dispute is not settled within 30 days from the receipt of conciliation

request, the conciliation proceedings shall be regarded as failed or the

conciliation may be continued for a further period as may be agreed upon

in writing by the parties.

The Director of Labour may take over any conciliation proceedings pending

with any conciliator at any time and proceed to conciliate in the dispute

himself or transfer such proceedings to any other conciliator.

Industrial Dispute


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If the conciliation proceeding fails, the conciliator shall try to

persuade the parties to agree to refer the dispute to an arbitrator.

If the parties do not agree to refer the dispute to an arbitrator, the

conciliator shall issue a certificate of failure to the parties within 3

days of failure of the conciliation proceedings.

If the parties agree to refer the dispute to an arbitrator, they shall

make a joint request in writing to an arbitrator agreed upon by them.

The arbitrator may be a person borne on a panel to be maintained by

the Government or any other person agreed upon by the parties.

Industrial Dispute


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The arbitrator shall give award within 30 days from the date on which

the dispute is referred to him, or such further period as may be agreed

upon in writing by the parties.

After the award the arbitrator shall forward a copy thereof to the

parties and the Government.

The award of the arbitrator shall be final and no appeal can be made.

An award shall be valid for a period not exceeding 2 years as may be

fixed by the arbitrator(s).

Industrial Dispute


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1. Give to the other party a notice of strike or

lock-out, as the case may be, to commence

on a day (within not less than seven days

and not more than fourteen days) to be

specified therein,

or

make an application to the Labour Court

for adjudication (settlement) of the

dispute.

But no CBA shall serve any notice of strike

unless two-third of its members have given

their consent to it through secret ballot

under supervision of the conciliator.

Industrial Dispute

Strike and lock-out

Within 15 days of issuance of the failure

certificate by the conciliator, the party which

raised the dispute, may either

Section 211 of BLL’06 and Sec 59 of BL(A)A’13

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2. After commencement of a strike or lock-

out, any of the parties may apply to the

Labour Court for adjudication (settlement)

of the dispute.

3. The Government may prohibit the strike or

lock-out by order in writing if a strike or

lock-out lasts for more than 30 days.

4. The Government may prohibit the strike or

lock-out any time even before the strike or

lock-out has started if it is causing serious

hardship to the community or is harmful to

the national interest and also in the case of

affecting the public utility services.

Industrial Dispute

Strike and lock-out (cont.)

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5. In case of such prohibition by the Government the dispute shall be referred

to the Labour Court by the Government.

6. After giving both the parties an opportunity of being heard, the Labour

Court shall make an award for this dispute as soon as possible but within 60

days from the date the dispute was referred.

Also any delay in making an award by the Labour Court shall not affect the

validity of any award made by it.

The Labour Court may make an interim award for dispute or any other

matter.

Industrial Dispute


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7. An award shall be effective for a period as specified in the award but

shall not be more than two years.

8. No strike or lock-out is allowed in an establishment for a period of

three years from the date of commencement of production, if such

establishment

But all other provisions of this Chapter, relating to resolve of industrial

dispute, shall apply to such establishments.

Industrial Dispute


- is a new one

- owned by foreigners

- is established in collaboration with foreigners

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a) make a request to the conciliator to conciliate within the time specified in

sub-section 4 of 210, or

b) commence a strike or lock-out, as the case may be, on the date specified in

the notice served under sub-section 1 of 211, or

c) refer the dispute to the Labour Court for settlement or serve notice of strike

or lock-out, as the case may be, within the specified period in sub-section 1

of 211

the dispute shall cease to exist.

Industrial Dispute

Cessation of an industrial dispute

If the party (who raised the dispute) fails to

Once a dispute is ceased in any of the above ways, no fresh dispute on the same

subject shall be raised within 01 year from the date of such dispute.



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Freedom of association trade union & cba

Investor Relations