Effect given to the recommendations of the committee and the Governing Body - Report No 340, March 2006

Case No 2327 (Bangladesh) - Complaint date: 03-MAR-04 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 27. The Committee last examined this case at its June 2005 meeting [see 337th Report, paras. 183-213] and on this occasion made the following recommendations:
   • (a) The Committee urges the Government to review the EPZ Workers’ Associations and Industrial Relations Act, without delay in the light of its conclusions set forth above, so as to ensure meaningful respect for the freedom of association of EPZ workers in the very near future, and to keep it informed of all measures taken in this regard. In particular, the Committee requests the Government to take all necessary measures to:
   • (i) amend section 13(1) so as to expedite the recognition of the right to organize to EPZ workers, in view of the blanket denial of the right to organize until 31 October 2006,which it deplores;
   • (ii) amend section 11(2) so as to ensure that workers’ representation and welfare committees may continue to function beyond 31 October 2006 in industrial units where a workers’ association has not been formed and that their continuance is not subject to the employer’s approval, while ensuring that the establishment and functioning of workers’ organizations are not undermined;
   • (iii) amend section 24 so as to ensure that workers in industrial units established after the commencement of the Act may form workers’ associations from the beginning of their contractual relationship;
   • (iv) repeal section 25(1) so as to ensure that there exists the effective possibility of establishing more than one workers’ association in an industrial unit, if the workers choose to do so;
   • (v) amend the legislation, in consultation with the workers’ and employers’ organizations concerned, so as to avoid the obstacles that can be created by the minimum membership and referendum requirements to the formation of workers’ organizations in export processing zones;
   • (vi) amend section 17(2) so as to eliminate the need for approval of the constitution drafting committee by the executive chairperson of the authority;
   • (vii) repeal section 16 so that workers shall not be barred from establishing organizations simply because their attempt to establish a workers’ association may have failed;
     • (viii) repeal the whole of section 35 so as to ensure that the issue of deregistration of workers’ associations is governed solely by the constitutions of the associations and so that workers in industrial units in EPZs are not deprived of their right to organize for any period of time following the deregistration of a workers’ association;
   • (ix) repeal sections 36(1)(c), (e)-(h) and 42(1)(a) so as to ensure that the extremely serious consequence of cancellation of a workers’ association is restricted to the seriousness of the violation committed;
   • (x) amend section 18(2) so as to ensure that workers’ associations in EPZs are not required to obtain prior authorization to receive financial assistance in respect of their trade union activities;
   • (xi) amend section 88(1) and (2) so as to expedite the recognition of industrial action in EPZs before 31 October 2008;
   • (xii) amend section 54(3) and (4) so as to ensure that industrial action in EPZs may only be restricted in accordance with the principle of providing for a negotiated minimum service so as to effectively ensure the safe functioning of machinery within the EPZs or to avoid an acute national crisis endangering the normal living conditions of the population;
     • (xiii) amend section 32(1) so as to ensure that the formation of federations is not conditional on an excessively high requirement concerning member associations;
   • (xiv) amend section 32(3) so as to ensure that federations formed in EPZs have the right to form and join confederations at a regional or national level; and
   • (xv) ensure that the elections to be held under the provisions of the Act are conducted without any interference from the public authorities, including the BEPZA and its executive chairperson.
   • (b) The Committee requests the Government to clarify the impact of section 13(3) of the Act on newly formed organizations after October 2008 and, if this provision would result in the limitation of workers’ associations to a trial period, to ensure its immediate repeal.
   • (c) The Committee reminds the Government that it may avail itself of the technical assistance of the Office, if it so desires.
   • (d) The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the legislative aspects of the case.
2. 28. In its communication dated 5 September 2005, the Government recalled the detailed history behind the adoption of the EPZ Workers’ Associations and Industrial Relations Act and indicated that a sound industrial relations and uninterrupted production environment exists in the EPZs of Bangladesh at present. It also stated that the allegations made by the Bangladesh Independent Garment Workers Federation (BIGUF) (which according to the Government is an affiliate body of the Solidarity Centre, AFL-CIO) to the ILO through the ITGLWF are in contradiction with the agreed report submitted on 11 May 2004 by the Solidarity Centre of AFL-CIO Dhaka. The Government added that it is on the basis of the agreed report that the EPZ Workers’ Associations and Industrial Relations Act was drafted and passed by Parliament on 18 July 2004.
3. 29. The Government further indicated that, after the implementation of the law, it has seen an important progression of EPZ industrial relations. It added that the conveners of the Workers’ Representation and Welfare Committee (WRWC) have expressed their satisfaction over the functioning of the elected committees to deal with the labour problems.
4. 30. In addition, the Government indicated that as per law, the WRWC elections began on 12 December 2004 and, since 20 August 2005, 174 out of 176 WRWC elections (99 per cent) have been held. Of them, 164 have been given registration (94 per cent). The United States Embassy, Dhaka, and the AFL-CIO, Dhaka, monitored the WRWC elections. Under the law, general workers can participate in the various activities of the company through WRWCs. The Government added that 12 training programmes were organized for newly elected WRWC members and human resource managers of the enterprises and two discussion meetings were held with the investors on the implementation of the law. The Government stated that the WRWC members admitted that the elections were held free and fair. According to the Government, 45 counsellors have been appointed and posted in different industries, covering different zones, under a technical assistance project financed by the World Bank. They are working for the immediate implementation of the EPZ Workers’ Associations and Industrial Relations Act.
5. 31. Finally, the Government stated that from the second phase of the law, workers’ associations (WAs) will enjoy full freedom of association and collective bargaining rights.
6. 32. The Committee notes the information provided by the Government. It notes with interest that, since 20 August 2005, 174 out of 176 WRWC elections (99 per cent) were held and that 164 WRWCs have been given registration (94 per cent). The Committee further notes the information provided by the Government that 12 training programmes were organized for newly elected WRWC members and human resource managers of the enterprises and two discussion meetings were held with the investors on the implementation of the law. Finally it notes that 45 counsellors have been appointed and posted in different industries covering different zones under a technical assistance project financed by the World Bank with a view to the immediate implementation of the EPZ Workers’ Associations and Industrial Relations Act.
7. 33. The Committee must, however, recall that, when it last examined this case, it had expressed it concern that the EPZ Workers’ Associations and Industrial Relations Act, while taking certain steps to provide greater freedom of association to EPZ workers, contained numerous and significant restrictions and delays in relation to the right to organize in EPZs. The Committee regrets that no revision of the Act appears to have even been contemplated by the Government as requested by the Committee in its previous recommendations. Therefore, the Committee must once again request the Government to take the necessary steps to review the EPZ Workers’ Associations and Industrial Relations Act so as to ensure full and meaningful respect for the freedom of association of EPZ workers in the very near future. The Committee recalls that the technical assistance of the Office is available in this respect, should the Government so desire.
8. 34. The Committee draws the legislative aspects of this case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.