Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

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

The Committee notes the Government's report, and its communications of 6 November and 15 December 1990. It also notes the observations of the Bangladesh Workers' Federation (BWF) contained in communications dated 23 July and 8 October 1990, and of the Bangladesh Employers' Federation (BEF) contained in a communication dated 10 August 1990.

In its 1989 observation the Committee had raised a number of issues relating to:

- voluntary bargaining in the private sector;

- voluntary bargaining in the public sector; and

- protection against interference.

Voluntary bargaining in the private sector

The Committee had noted that the combined effect of sections 7(2), 22 and 22A of the Industrial Relations Ordinance, 1969 might be to impair the development of collective bargaining in small establishments because they appear to inhibit the establishment of "sectoral" or "industry" unions. Accordingly, it had asked the Government to provide any available information as to the development of free collective bargaining in such establishments.

In its report the Government states that sections 7(2), 22 and 22A of the Ordinance do not inhibit the development of voluntary collective bargaining. This is evidenced by the fact that there are in existence a number of unions in small industry. The BEF expresses an essentially similar view.

The Committee takes note of these observations of the Government and the BEF, but remains of the view that the retention of section 7(2) in its present form, when read with sections 22 and 22A, may serve to inhibit the development of effective collective bargaining in the small business sector by inhibiting the development of industry or sectoral unions. Accordingly it must ask for the removal of the requirement in section 7(2) that, in order to be registered under the Ordinance, a trade union must have a membership of at least 30 per cent of the total number of workers in the establishment or group of establishments in which it is formed.

Voluntary bargaining in the public sector

For some years the Committee has been expressing its concerns in relation to the development of collective bargaining in the public sector, and in particular the practice of determining wage rates and other conditions of employment by means of Government-appointed Wages Commissions. It has pointed out to the Government that under Article 4 of the Convention it is for the Government to encourage the full development and utilisation of machinery for the voluntary negotiation of collective agreements, and has requested the Government to indicate how it intended to meet this obligation in respect of workers in public sector industries.

In its most recent report the Government simply refers to its previous reports whereby it had indicated that the Wages Commission system had been adopted: (i) to ensure uniformity in pay, etc. in the public sector; and (ii) in consequence of the fact that the Government as the employer in the public sector was likely to become the dominant partner in negotiations. The Commission as a third party could help to mitigate the effects of that dominance. The Government has also pointed out that in 1984 the Commission heard representations from representatives of the employers and workers, thereby giving its work a tripartite character.

In the light of this reply, the Committee can only reiterate that conformity with Article 4 requires that the Government take steps to encourage and promote the development and utilisation of machinery for the voluntary negotiation of collective agreements, and again draw the attention of the Government to the principles set out at paragraphs 298 to 319 of its 1983 General Survey.

Protection against interference

The Committee had asked the Government to review its legislation with a view to the adoption of an appropriate measure of protection against "interference" for purposes of Article 2 of the Convention. Both the Government and the BEF indicate that, in their opinion, sections 15 and 16 of the Ordinance provide adequate protection for these purposes. The Committee remains of the view that while these provisions appear to provide an appropriate measure of protection for purposes of Article 1 of the Convention, they do not satisfy the requirements of Article 2.

Denial of right to engage in collective bargaining for workers in export processing zones

In its observation on Convention No. 87 the Committee called upon the Government to amend section 11A of the Bangladesh Export Processing Zones Authority Act 1980 so as to enable workers in those zones to exercise the rights guaranteed by Articles 2 and 3 of that Convention. Section 11A also appears to deny workers in such zones the rights guaranteed by Articles 1, 2 and 4 of Convention No. 98. The Committee must, therefore, call upon the Government to amend the 1980 Act so as to bring it into conformity with this Convention.