Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

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

The Committee notes the Government's report, the observations of the Bangladesh Employers' Association (BEA) of 15 July 1991 and 13 October 1993, as well as the observations of the Bangladesh Workers' Federation (BWF) dated 30 January 1993.

Voluntary bargaining in the private sector

The Committee had observed that section 7(2) of the Industrial Relations Ordinance, 1969, read with sections 22 and 22A, may serve to impair the development of effective bargaining in the small business sector by inhibiting the development of industry or sectoral unions.

The Committee notes that the Government as well as the BEA repeat their previous statement that under sections 7(2) of the Industrial Relations Ordinance, workers are free to unite and set up organizations of their own choice, they are allowed to raise industrial disputes and proceed to negotiate under provisions of sections 26, 27(A), 28, 29(A), 30 and 31 of the Ordinance. The Committee notes that, according to information provided by the Government in a previous report, wages and conditions of work in small industries are determined by the Minimum Wages Board. The Committee asks the Government to indicate the measures taken, in keeping with Article 4 of the Convention, to encourage and promote the development and utilization of machinery for the voluntary negotiation of collective agreements on terms and conditions of employment, particularly in the small business sector, and to provide information on the number of collective agreements, the number of workers concerned, and generally all relevant information on the practical application of the said measures.

Voluntary bargaining in the public sector

The Committee notes that in its comments, the BWF refers to Act No X of 1974, section 3, which allows the Government to determine terms and conditions of service of workers, such determination precluding any agreements, settlements or awards in respect of the determined matters. The Committee recalls that it has repeatedly commented, in previous observations, on the incompatibility of this limitation on voluntary collective bargaining with the principles of the Convention.

The Committee has expressed its concern, for a number of years, 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 notes that the Government in its report merely reiterates its views.

The Committee can only once more draw the Government's attention to Article 4 of the Convention, which requires that the Government take steps to encourage and promote the development and utilization of machinery for the voluntary negotiation of collective agreements.

Protection against interference

While sections 15 and 16 of the Ordinance of 1969 are designed to provide protection against acts of anti-union discrimination with respect to workers, the Committee again asks the Government to take appropriate measures with a view to amending its legislation so as to provide explicit protection to organizations against acts of interference. The Committee recalls that, to conform with Article 2 of the Convention, special measures should be taken, in particular through legislation, accompanied by appropriate remedies and sufficiently dissuasive sanctions on this point. It accordingly asks the Government again to re-examine the situation and to keep it informed of all developments.

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

The Committee had observed that section 11A of the Bangladesh Export Processing Zones Authority Act 1980 appears to deny workers in such zones the right guaranteed by Articles 1, 2 and 4 of the Convention. In its report, the Government states that the said provision was intended to promote investment and generate employment opportunities and also to improve the balance of payment position with added foreign exchange earnings needed for the growth of the economy.

The Committee, as regards wage bargaining, has stressed that if, for imperative reasons of national economic interest, a government considers that the wage rates cannot be fixed freely by means of collective negotiations, these restrictions should be applied as an exceptional measure and only to the extent necessary, should not exceed a reasonable period, and should be accompanied by adequate safeguards to protect effectively the standard of living of the workers concerned, in particular those who are likely to be the most affected (see 1994 General Survey on Freedom of Association and Collective Bargaining, paragraph 260). However, the denial to a category of workers such as mentioned above, of the protections and rights defined in the Convention is not compatible with the requirements of the Convention. The Committee therefore must again call upon the Government to amend the 1980 Act so as to bring it into conformity with the Convention.

[The Government is asked to supply full particulars to the Conference at its 81st Session.]