Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Bangladesh (Ratification: 1972)

The Committee notes the information contained in the Government’s report.

It notes in particular the Government’s indication that the issue concerning the workers’ right of association in the Security Printing Press is under active consideration. The Committee notes that the draft Labour Code has been finalized and that the Government is in the process of placing it before Parliament. The Committee trusts that the necessary measures will be taken in the very near future to amend the legislation, in order to bring it into full conformity with the requirements of the Convention. It requests the Government to transmit a copy of the draft Labour Code, so that it may examine its conformity with the Convention.

The Committee recalls in this respect its previous comments concerning serious discrepancies between the national legislation and the Convention:

-  the exclusion of managerial and administrative employees from the right of association under the Industrial Relations Ordinance (IRO), 1969;

-  restrictions on activities of public servants’ associations (Government Servants (Conduct) Rules, 1979);

-  restrictions regarding membership in trade unions and election of union officers (section 7-A(1)(b) of the IRO and section 3 of Act No. 22 of 1990);

-  excessive external supervision of the internal affairs of trade unions (Rule 10 of the Industrial Relations Rules, 1977);

-  the "30 per cent" requirement for initial or continued registration as a trade union (sections 7(2) and 10(1)(g) of the IRO);

-  denial of the right to organize of workers in export processing zones (EPZ Authority Act, 1980);

-  restrictions on the right to strike (sections 28, 32(2) and (4), 33(1), 57 and 59 of the IRO).

The Committee hopes that the Government will continue the process of its labour laws and will amend the legislation referred to above, to ensure that it is brought into line with the provisions of the Convention. The Committee requests the Government to inform it of any progress made in this regard.

In addition, a request regarding certain points is being addressed directly to the Government.