Bangladesh Labour Act 2006 - Chapter XIII Trade Unions and Industrial Relations

Vocabulary flashcards reviewing key terms, thresholds, statutory timelines, legal requirements, and concepts from Chapter XIII (Sections 175-208) of the Bangladesh Labour Act 2006.

Worker (Chapter XIII Special Definition)

Under Section 175, a worker as defined in Section 2(LXXV), including any person dismissed, discharged, retrenched, laid off, or otherwise removed in connection with or leading to an industrial dispute; excludes watch and ward/security staff, fire-fighting staff, confidential assistants, telex operators, fax operators, and cypher assistants.

Excluded Staff from Chapter XIII

Members of the watch and ward or security staff, fire-fighting staff, confidential assistants, telex operators, fax operators, and cypher assistants of any establishment.

Workers' Right to Form Trade Unions

Under Section 176(a), workers, without distinction whatsoever, have the right to form and join trade unions of their own choosing primarily for regulating relations between workers and employers or between workers and workers.

Employers' Right to Form Trade Unions

Under Section 176(b), employers, without distinction whatsoever, have the right to form and join trade unions of their own choosing primarily for regulating relations between employers and workers or between employers and employers.

Right to Federate

Under Section 176(c), the right of trade unions of workers and employers to form and join federations, and to affiliate with any international organization and confederation of workers' or employers' organizations.

Trade Union Autonomy

Under Section 176(d), the right of trade unions and employers' associations to draw up their constitutions and rules, elect representatives in full freedom, organize administration and activities, and formulate their programmes.

Application for Registration

Under Section 177, an application for trade union registration submitted to the Director of Labour under the signatures of the President and Secretary of the trade union.

Mandatory Application Documentation

Under Section 178, includes a detailed statement of officers and membership, three signed copies of the constitution with resolution of adoption, resolution authorising officers to apply, and resolution from each constituent union for a federation.

Mandatory Constitutional Provisions

Under Section 179, 11 mandatory items including union name/address, objects, fund sources, officer terms ($2$ to $3$\,\text{years}), executive size ($5$ to $35$\,\text{members}), quarterly executive meetings, and annual general body meetings.

30% Membership Rule

Under Section 179(2), the requirement that a trade union of workers must have a minimum membership of $30\%$ of the total number of workers employed in the establishment to be entitled to registration.

Registration Timeline

Under Section 182(1), the Director of Labour must register a compliant trade union and issue a registration certificate within a period of $60$\,\text{days} from the receipt of application.

Objection Process for Registration

Under Section 182(2), if an application is deficient, the Director of Labour communicates objections within $15$\,\text{days}, and the trade union must reply within $15$\,\text{days} of receipt.

Appeal to Labour Court (Registration)

Under Section 182(4), an appeal filed by a trade union to the Labour Court within $30$\,\text{days} from rejection or expiry of the $60$\,\text{days} registration deadline.

Labour Court Order Deadline

Under Section 182(5), the Labour Court may issue an order directing the Director of Labour to register the trade union and issue a certificate within $7$\,\text{days} of the order.

Appeal to Labour Appellate Tribunal

Under Section 182(6) and Section 191(1), an appeal preferred by any aggrieved party against a Labour Court order to the Labour Appellate Tribunal within $30$\,\text{days} of receiving the order.

Notification of Constitution & Officer Changes

Under Section 188(1), mandatory notification to the Director of Labour within $15$\,\text{days} for any alteration in constitution, change of officers, or change of name/address.

Notification of Federation Changes

Under Section 188(3), mandatory notification to the Director of Labour within $60$\,\text{days} for every inclusion or exclusion of a constituent unit of a federation.

Certificate of Registration

Under Section 189, a certificate issued by the Director of Labour which serves as conclusive evidence that the trade union has been duly registered under Chapter XIII.

Grounds for Cancellation of Registration

Under Section 190(1), 7 grounds: applied for cancellation, ceased to exist, obtained by fraud/misrepresentation, contravened constitution, committed unfair labour practice, membership fallen short, or contravened Chapter XIII or Rules.

Labour Court Permission for Cancellation

Under Section 190(2)-(3), the Director of Labour must apply to the Labour Court for permission before cancelling registration, and cancel within $30$\,\text{days} of receiving permission.

Unfair Labour Practice Cancellation Limit

Under Section 190(4), cancellation on the ground of unfair labour practice applies only if committed within $3$\,\text{months} prior to filing the application to the Labour Court.

Status of Union Pending Cancellation Appeal

Under Section 191(2), when an appeal against cancellation is filed, the trade union is permitted to function as such until the disposal of the appeal.

No Unregistered Union to Function

Under Section 192, unregistered unions or unions with cancelled registration cannot function or collect subscriptions (other than enrollment fees).

Restriction on Dual Membership

Under Section 193, prohibition stating no worker or employer shall be entitled to enroll as, or continue to be, a member of more than one trade union at the same time.

Incorporation as Body Corporate

Under Section 194, every registered trade union becomes a body corporate with perpetual succession, a common seal, power to contract, and power to acquire, hold, and dispose of property.

Inapplicable Acts to Registered Trade Unions

Under Section 194, the Societies Registration Act, Co-operative Societies Ordinance, and Companies Act shall not apply to registered trade unions.

Unfair Labour Practices by Employers

Under Section 195, 12 prohibited acts including restraint on union membership, discrimination, firing for union activity, recruiting during legal strikes, and illegal lockouts.

Unfair Labour Practices by Workers

Under Section 196, 6 prohibited acts including union activities during office hours without permission, intimidation, compelling settlements by confinement/assault, illegal strikes, go-slows, and gherao.

Limited Application of Law of Conspiracy

Under Section 197, immunity from criminal conspiracy under Section 120B(2) of the Penal Code, 1860 for trade union agreements furthering constitutional objects, unless the agreement is to commit an offence.

Immunity from Civil Suit

Under Section 198, protection shielding trade unions, CBAs, officers, and members from civil suits or tortious liability for acts done in contemplation or furtherance of an industrial dispute.

Enforceability of Restraint of Trade Agreements

Under Section 199, agreements between trade union members are not void or voidable merely because their objects are in restraint of trade.

Industrial Federation of Trade Unions

Under Section 200(1), a federation formed by $2$ or more registered trade unions in similar or identical industries executing an instrument of federation; workers' and employers' unions cannot cross-join.

National Federation of Trade Unions

Under Section 200(5), a federation constituted on a national basis by not less than $20$ trade unions formed in different types of industries.

Annual Returns Requirement

Under Section 201, an audited general statement of receipts, expenditure, assets, and liabilities sent annually to the Director of Labour on or before 30th April.

Failure to Submit Annual Returns

Under Section 201(3), if a union fails to submit annual returns within $30$\,\text{days} of notice from the Director of Labour, its registration is liable to be cancelled.

Deemed Collective Bargaining Agent (CBA)

Under Section 202(1), where there is only one trade union in an establishment, it is automatically deemed to be the CBA without an election.

CBA Determination by Secret Ballot

Under Section 202(2), where multiple trade unions exist, the Director of Labour holds a secret ballot within $120$\,\text{days} of application to determine the CBA.

CBA Polling Canvassing Restriction

Under Section 202(14), canvassing for votes is strictly prohibited within a radius of $45$\,\text{metres}$$ of any polling station.

Minimum Vote Threshold for CBA Declaration

Under Section 202(15)(e), the union receiving the highest votes is declared CBA, provided it receives votes from not less than $\frac{1}{3}$ of total workers employed.

CBA Term of Office

Under Section 202(16), the CBA functions for a period of $2$\,\text{years}$in an establishment (or$3$\,\text{years}$ for a group of establishments).

10% Vote Threshold Rule

Under Section 202(22), if any contesting trade union receives less than $10\%$ of the total votes cast in a CBA election, its registration stands cancelled.

Federation as CBA

Under Section 203, a federation acts as CBA if authorized by resolutions passed by majority vote of total membership in federated unions, provided both constitutions permit it and federated unions are already CBAs.

Check-off System

Under Section 204, deduction of union subscriptions from members' wages by the employer upon CBA request and individual approval, deposited into the CBA account within $15$\,\text{days}.

Participation Committee Composition Threshold

Under Section 205(1), a joint employer-worker committee mandatory in establishments where $50$ or more workers are normally employed.

Participation Committee Representation

Under Section 205(3)-(5), worker representatives must equal or exceed employer representatives; CBA nominates worker representatives ($1$ more than all other unions combined).

Functions of Participation Committee

Under Section 206, functions to promote trust, ensure labour law application, foster discipline/safety/health, encourage training, improve welfare services, and fulfill production targets.

Participation Committee Meeting Schedule

Under Section 207, the committee must meet at least once every $2$\,\text{months}$, submitting meeting proceedings to the Director of Labour and Conciliator within$7$$\,\text{days}.

Implementation of PC Recommendations

Under Section 208, employers and registered trade unions must implement specific recommendations within the committee's specified period or inform the committee if implementation is difficult.