Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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.

The Committee notes that according to the Government, the draft Labour Code has been re-examined by the Tripartite Labour Code Review Committee and necessary prior action is being taken for its submission to Parliament, while the issue concerning the right of association of workers in the Security Printing Press has also been placed before the Review Committee. The Committee requests the Government to transmit a copy of the draft Labour Code and trusts that the process of amending the Labour Code will be concluded soon and that the legislation will be brought into full conformity with the requirements of the Convention.

The Committee notes in this respect that the Government’s report is confined to reiterating previously provided information with regard to the Committee’s long-standing comments concerning serious discrepancies between the national legislation and the Convention:

-  the exclusion of managerial and administrative employees from the right of association (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 once again urges the Government to take all necessary measures in the very near future so as to bring its national legislation into full conformity with 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.