Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Bangladesh (Ratification: 1972)

The Committee notes the Government’s report.

The Committee further notes the comments of the International Confederation of Free Trade Unions (ICFTU), which concern legislative issues raised in its previous observation. The ICFTU also underlines several problems regarding the application of the Convention in the garment and ship recycling industries, dismissals of trade union officers and members and harassment of workers suspected of carrying out trade union activities. The Committee requests the Government to send its observations thereon.

Trade union rights in export processing zones (EPZs). The Committee notes the comments of the ICFTU regarding restrictions on the right to organize in the EPZs. In particular, the ICFTU states that the new legislation provides that in order to form an association entitled to elect representatives who have the power to negotiate and sign collective agreements in any industrial unit, at least 30 per cent of the eligible workers of that unit must make an application to this effect. It will also have to hold a referendum to ascertain support for the association in which over 50 per cent of the total workforce must participate and over 50 per cent of the votes cast must be in favour of the establishment of a workers’ association. The Committee also notes the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2327 (see 337th Report, paragraphs 183-213) relating to the restrictions of the trade union rights of workers in EPZs. The Committee notes the EPZ Workers’ Association and Industrial Relations Act 2006 and observes that the Committee on Freedom of Association requested the Government to modify this Act. The Committee requests the Government to take all necessary measures to eliminate the obstacles to the exercise of trade union rights in law and in practice in EPZs. The Committee asks the Government to keep it informed of all measures taken in this regard, and to submit statistics on the number of complaints of anti-union discrimination as well as the number of collective agreements concluded in EPZs.

Lack of legislative protection against acts of interference. The Committee notes with regret that the Government repeats its previous statement about this issue and, particularly, that sufficient protection is ensured under the general provisions of the Industrial Relations Ordinance of 1969, relating to trade union rights and freedom of association. The Committee recalls that Article 2 of the Convention requires the prohibition of "acts of interference" by organizations of workers and employers (or their agents) in each other’s affairs, designed in particular to promote the establishment of workers’ organizations under the domination of employers or employers’ organizations, or to support workers’ organizations by financial or other means, with the object of placing such organizations under the control of employers or employers’ organizations. The Committee once again requests the Government to adopt specific measures, coupled with effective and sufficiently dissuasive sanctions, against acts of interference and to keep it informed in this respect.

Legal requirements to collective bargaining. In its previous observation, the Committee had asked the Government to lower the percentage requirement, which is 30 per cent, for registration of a trade union and the requirement to have one-third of employees as its members in order to be able to negotiate at the enterprise level (see sections 7(2) and 22 of the IRO). The Committee notes that the Government reiterates its previous statement to the effect that these requirements are justified in order to limit the multiplicity of trade unions and that they are not opposed by the social partners. The Committee is bound to point out once again that these requirements may impair and make difficult the development of free and voluntary collective bargaining and that where, under a system for nominating an exclusive bargaining agent, there is no union representing the required percentage to be so designated, collective bargaining rights should be granted to the existing unions, at least on behalf of their own members. The Committee notes the Government’s statement according to which the existing shortcoming (if any) will be removed through the provisions laid down in the future labour code. The Committee requests the Government to lower the percentage requirements set for registration of a trade union and for the recognition of a collective bargaining agent and to keep it informed in this respect.

Practice of determining wage rates and other conditions of employment in the public sector by means of government-appointed tripartite wages commissions (section 3 of Act No. X of 1974). In its previous observation, the Committee had requested the Government to amend the legislation and to modify the practice of determining wage rates and other conditions of employment in the public sector by means of government-appointed tripartite wages commissions. The Committee notes the statement of the Government according to which tripartism is the most reasonable way of determining wages as otherwise there will be chaos for the Government as employer; the collective bargaining agent at the enterprise or sector level has the right to bargain with their employer (and this usually happens in practice) for the effective implementation of matters settled by the wages commission; the present system safeguards the interests of workers in less viable industries and achieves a fair and equitable wage structure. The Committee once again recalls that, in line with the Convention, free and voluntary collective bargaining should be conducted between directly interested workers’ organizations and employers or their organizations, which should be able to appoint freely their negotiating representatives. The Committee requests once again the Government to amend the legislation and to modify the present practice in order to bring it into conformity with the Convention.

The Committee notes that it has been commenting for a number of years on the need to finalize the draft Labour Code. The Committee notes that the Government states once again that the suggestions received from different stakeholders on the draft Labour Code are reviewed by a tripartite committee, and that the Code is now almost at the final stage. The Committee urges the Government to ensure that the above comments are duly taken into consideration and reflected in the legislation in the near future. The Committee requests the Government to inform it in its next report of any progress made in this respect.

[The Government is asked to supply full particulars to the Conference at its 95th Session and to reply in detail to the present comments in 2006.]