Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee notes the Government’s report. The Committee notes the discussions in the Conference Committee on the Application of Standards in June 2004. The Committee further notes the comments of the International Confederation of Free Trade Unions (ICFTU) raising questions about the application of the Convention. The Committee requests the Government to send its observations thereon in its next report.

1. Protection of workers’ and employers’ organizations against acts of interference by each other. The Committee notes that the Government merely repeats its previous statement and refers to sections 15, 16, 47, 47A, 47B, 48, 53 and 63 of the Industrial Relations Ordinance of 1969. The Committee once again points out that these sections concern the protection of workers against "acts of anti-union discrimination" and once again 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 therefore once again requests the Government to adopt specific measures, coupled with effective and sufficiently dissuasive sanctions, against acts of interference, and keep it informed in this respect.

2. Trade union rights in export processing zones (EPZs). In its previous comments, the Committee requested the Government to transmit the Declaration of 31 January 2001 (SRO No. 24, Law/2001) concerning the right of association in EPZs. The Committee notes the Government’s indication that a new Act entitled "The EPZs Workers’ Association and the Industrial Relation Act 2004" has been enacted by the Parliament and published in the Bangladesh Gazette on 18 July 2004. The Committee requests the Government to provide the copy of this text.

3. Thirty per cent requirement 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 (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 the national socio-political and economic context and are not opposed by social partners. The Government explains that the aim of section 7(2) is to "avoid mushroom growth of trade union and to maintain unity of workers in an establishment". 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. It therefore once again requests the Government to lower the percentage requirements set for registration of a trade union and recognition of a collective bargaining agent and to keep it informed in this respect.

4. 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). The Committee notes the statement of the Government in this respect. The Industrial Workers’ Wages and Productivity Commission (IWWPC) was formed by the Government under the principle of tripartism with equal numbers of members from the Government, the employers and the workers. The recommendations of the IWWPC cover only the rates of wages and other conditions of employment through a government-appointed wages commission on the interests of workers. Various other issues concerning workers are not covered by the recommendations of the IWWPC. For those issues, a collective bargaining agent (CBA) enjoys the right of bargaining with the stakeholders. The CBAs in the public sector enterprises have regularly exercised the right to bargain in connection with the proper implementation of the recommendations of the Commission. Voluntary bargaining is thus not at all restricted in the pubic sector enterprises. The Committee once again recalls that, in line with the Convention, free and voluntary collective bargaining should be conducted between the directly interested workers’ organization and employers or their organizations, which should be able to appoint freely their negotiating representatives. It therefore once again requests the Government to amend its legislation and to modify the present practice so as to bring them into conformity with the Convention. The Committee requests the Government to keep it informed in this respect.

5. The Committee notes the Government’s statement that it is taking the necessary action in order to submit the draft Labour Code to the Parliament. The Government states that the workers’ side has submitted some new proposals and that these points need thorough examination. At present, the tripartite Labour Code Review Committee headed by the Secretary of the Ministry of Labour and Employment and consisting of ten members is examining the new proposals received from different agencies. The Committee notes that the Government considers that in the absence of a new Labour Code, the existing laws reasonably protect the rights of workers, but that it nevertheless desires to finalize the Labour Code as soon as possible. In this respect, the Committee, once again, strongly encourages the Government to ensure that the above comments are duly taken into consideration and reflected in the future legislation. The Committee requests the Government to inform it in its next report of any progress made in this respect.