Law Relating to Trade Unions & Settlement of Industrial Disputes

Industrial Dispute Definition

  • Defined in clause (LXII) of Section 2 of the Bangladesh Labour Act, 2006.
  • Key Point: An industrial dispute encompasses any dispute or difference related to employment status, terms of employment, or working conditions.

Nature of Dispute

  • The definition of industrial dispute is broad, covering disputes between:
    • Employers and employers
    • Employers and workmen
    • Workmen and workmen
  • However, Section 209 specifies that only disputes between employers and workmen qualify as industrial disputes.

Raising of Disputes

  • The Bangladesh Labour Act, 2006 provides a structured process for settling industrial disputes.
  • Important Note: Any strike or lockout must comply with the law to be deemed valid.

Mode of Settlement of Industrial Dispute (Sections 210-213)

  1. If a dispute arises, the employer or collective bargaining agent must communicate views in writing to the opposing party.
  2. A meeting must be arranged within 15 days for collective bargaining aimed at reaching an agreement.
  3. If an agreement is reached, a memorandum of settlement should be documented and signed, with copies sent to the government and related parties.
  4. If the meeting isn't arranged, the matter must be reported to the Conciliator for further action.

Strike and Lockout

  • According to Section 211, if no agreement is reached during conciliation:
    • Workers may strike or employers may lock out after the notice period expires (per subsection (1) of Section 211).

Public Utility Services

  • Certain services are classified as public utility services, which include:
    • Electricity, gas, oil production/services
    • Public sanitation systems
    • Hospitals and emergency services (ambulance, fire-fighting)
    • Postal and communication services
    • Transport services (railways, airways, road)
    • Security services and banking

Conciliator Definition and Responsibilities

  • A Conciliator is appointed as outlined in the Bangladesh Labour Act, Chapter XIV and takes charge of dispute resolution.
  • Duties include:
    1. Initiate conciliation and call for meetings.
    2. Ensure parties appear and negotiate effectively.
    3. Report any successful settlement to the government.
    4. If unresolved in 30 days, continue conciliation if agreed upon.
    5. If efforts fail, encourage parties to refer the dispute to an Arbitrator.
    6. Issue a certificate of failed conciliation within 3 days if necessary.

Registration of Trade Union (Section 2 (xv))

  • A trade union is defined as one formed and registered under Chapter XII of the Act, including unions of workers/employers and federations.
  • Formation and Registration Requirements:
    1. Submit an application signed by the president and secretary to the relevant Trade Union authority.
    2. Proposition must be supported by the required details and authorizations (Section 178).

Cancellation of Trade Union Registration

  • Without registration, a trade union lacks legal standing for activities.
  • Registration may be cancelled due to:
    1. Self-request for cancellation.
    2. Cessation of existence.
    3. Fraud or misrepresentation during registration.
    4. Violating constitutional provisions of the union.
    5. Unfair labor practices.
    6. Decline in membership below lawful limits.
    7. Breach of specific provisions in the Act.
  • The Director of Labour must obtain permission from the Labour Court for cancellation, ensuring a fair process is observed before any action is taken.