Authors: Sahal Uddin, Mohammad Abdul Hannan, Nazrul Islam Mondal

Correspondence to:
Dr. Md. Nazrul Islam Mondal
Department of Population Science and HRD
University of Rajshahi
Rajshahi-6205
Bangladesh
Phone: +88-0721-751217
Mobile: +88-01716389187
E-mail: nazrul_ru@yahoo.com

ABSTRACT

The existing labour and industrial laws are in favour of the employers while not in favour of the workers in Bangladesh. In this country, the existing laws regarding labourers are primitive in nature. Lack of a proper execution system of the laws is the main cause in the ignorance of labour rights. Though they are existing in the provision of trade unions and collective bargaining agents (CBA) to preserve the workers interests, the trade unions and CBA do not perform their respective duties properly. Politicization of labour and industrial sectors, corruption of the trade union leaders and the role of CBA are responsible in this connection. So, the main purpose of this study is to explore the anomalies of labour laws in implementing labour rights as well as to suggest how to amend the existing laws or to enact new laws, in favour of workers.

Key words: Trade union, CBA, labour rights, Bangladesh, Constitution of Bangladesh, labour laws.

INTRODUCTION

From the very beginning of civilization the rights of labourers have beenignored and labourers have had a lack of awareness of their own rights. Labourers are deprived of all kind of rights, all over the world. This deprivation puts the labour class in an extreme position, which requires them to reinstore their rights. To to this they have begun to organize themselves. A Trade union is the outcome of such demands. Every one has the right to form and to join a trade union for the protection of their interests. [1]. The labour laws have given birth to some fundamental industrial rights to labourers in the field of production, and it has also provided protection for those rights [2]. Labour rights in Bangladesh are not justifiable under the existing labour laws and lack of proper execution system of those existing laws is the main course for not ensuring labour rights [3]. In this context Nuruzzaman, M. [4] studied the failure to achieve labour rights and clearly identified the following host factors, including workers' disunity, ideological divide between various trade unions, lack of organizational structure, control of pro-reform national political parties over their respective trade unions, the diminishing influence of leftist trade unions in labour parties and the lack of an alternative leftist political agenda in Bangladesh politics. Viadyanathan, N. [5] discussed that the member states of the International Labour Organization (ILO) after ratification of the ILO conventions, did not take necessary actions to implement the provisions of that very convention in their domestic administration. That is why labour rights were ignored at the presence of law and conventions. The chief inspector and inspectors of labour need to comply with the provisions of existing labour laws in Bangladesh so that labour rights can be wholly ensured in Bangladesh [6]. In summaries of International labour standards [7], it has been pointed out that, international labour conventions and recommendations regarding labour rights are adopted by the international labour conference, after consultation with all the ILO's member states, of which there are 148 at present.

The conference is a tripartite body composed of government, employer's and worker's delegates. When a member state ratifies a convention, it becomes subject to legally binding international obligations. The rights as we find in the labour laws relate mainly to the labourers or employees and few of them relate to the employers. These rights are of a fundamental, civil, political, economic, social or cultural nature.

A great number of research works have been conducted in the field of labour studies, but some findings are unexpected, and some touch on issues that had been given much attention previously. From the best of our knowledge, no research works similar to the present study have been conducted on those rights under the existing labour laws and the role of trade unions in Bangladesh.

2. OBJECTIVES OF THE STUDY

The specific objectives of the study are as follows:
i. to review the existing laws relating to labour rights,
ii. to study the extent of the application of labour laws containing labour rights,
iii. to suggest measures to improve the legal rights provisions of the labour laws, and
iv. to examine the role of trade unions in ensuring the labour rights in Bangladesh

3. LABOUR RIGHTS IN BANGLADESH

Bangladesh offers an abundant supply of disciplined, easily trainable and low-cost work force suitable for any labor-intensive industry. Of late, there is an increasing supply of professionals, technologists and other middle and low-level skilled workers. They receive technical training from universities, colleges, technical training centers, polytechnic institutions etc. The expenditure incurred by an employer to train his employee is exempted from income tax.

3. a. Employment Conditions

The minimum age for workers in Bangladesh is 16 years in factories and establishments. Contracts are made in the form of a letter of offer. Workers may also be engaged on verbal agreements. In government organizations and in some private organizations as well, a probation period exists for skilled or semi-skilled workers varying between three month's to one year and during this period either party may serve one month's notice for termination from, or giving up, the job. In the private sector, the dignity of labor is ensured in accordance with the principles enunciated in the ILO convention and recommendations.

3. b. Labor Laws

In Bangladesh 47 labor laws are now in operation. These relate to (a) wages and employment, (b) trade union & industrial disputes, (c) working environment and (d) labor administration and related matters. The main labor laws are:

i. Workmen's Compensation Act, 1923,
ii. Payment of Wages Act, 1936
iii. Maternity Benefit Act, 1936
iv. Employment of Labor (Standing Orders) Act, 1965
v. Shops & Establishments Act, 1965
vi. Factories Act, 1965
vii. Industrial Relations Ordinance, 1969

3. c. Settlement of Labor Disputes

Contract or agreement is usually made between the management and the CBA on settlement of industrial disputes as per the provisions of Industrial Relations Ordinance, 1969. In case a bipartite negotiation fails, conciliation machinery of the government is requested by the aggrieved party to intervene and the conciliation process is undertaken. If it succeeds an agreement is signed between the parties and the Conciliation Officer becomes a witness. If it fails, the party raising the dispute may go for strike or lockout as the case may be. The government may, however, prohibit the same after one month, in the interests of the public. In the essential services like, (a) electricity, gas, oil & water supply etc. (b) hospital & ambulance services, (c) fire brigade, (d) railway and Bangladesh Biman and (e) ports etc., striking is prohibited.

3. d. Wages and Fringe Benefits:

In the public sector, wages and fringe benefits of the workers are determined by the government on the recommendation of the National Wages Commission established from time to time. Such commissions were appointed in 1973, 1977, 1984, 1989 & 1992. Wages & fringe benefits declared by the government in 1977 have 20 grades of wages. The public sector employees are, however, covered by the Pay Commission declared by the government from time to time.
In the private sector, the wages and fringes benefits of the workers and employees are determined through a collective bargaining process. Sometimes private industries follow the public sector wages and salary structure for their workers and employees, respectively.

3. e. Leave and Holidays:

Leave and holidays of the workers and employees are regulated by the Factories Act, 1965 and shops Establishment Act, 1965.

3. f. Social Security:

Social security is an area where the discrepancy between law and practice appears to be very wide. Workmen Compensation, Maternity Benefit (Tea Estate) Act, 1950, Maternity Benefit Act, 1939, Employment of Labor (standing orders) Act, 1965 etc. deal with provident funds and gratuities.

3. g. Working Hours:

Workers in the public or private sector remain at their job for eight and a half hours daily (including half an hour for meal or rest) with Friday a weekly holiday marking 48 working hours a week. Work in excess of these hours, is paid as overtime. The rate of overtime is 2 hours pay for a 1-hour job.

4. TRADE UNIONS IN BANGLADESH

Employment in growth sectors used to be a source of workers' empowerment through trade unionism. Unions are generally highly politicized, and unions were strongest in state-owned enterprises. Civil service and security force employees were forbidden to join unions because of their highly political character. Teachers in both the public and private sector were not allowed to form trade unions. The history of the trade union movement in Bangladesh is linked with the development of a modern industrial society in the sub-continent beginning from 1850. In the Indo-Pak subcontinent the first labour organization was the All India Trade Union Congress [6]. After the independence of Pakistan, East Pakistan Trade union federation was formed on 28th September 1947. In 1959, Pakistan federation of labour was formed; it was the only central labour organization in the whole of Pakistan [8]. After declaring the Industrial Relations Ordinance -1969, freedom was given to labour to form any trade union in any commercial or industrial establishments [9]. Industrial Relations Ordinance, 1969 provides that any worker or employer has the right to form a union without previous authorization. But such a union cannot function as a trade union without being registered under the law. After liberation of the country in 1971, the Government of Bangladesh nationalised the major industries and services including banks and insurance companies. The working class of Bangladesh, with higher hopes and aspirations, demanded higher wages and fringe benefits. It is interesting to note that after liberation, the government-affiliated trade unions always dominated the trade union scene. Industrial Relations Ordinance, 1969 deals with trade unions in Bangladesh. In any industrial and commercial establishment, a trade union may be formed with 30% of the total number of workers employed. If there is more than one union in any establishment, CBA is determined by the Registrar of the Trade Union through secret ballot for a term of two years. Only the CBA is authorized to raise industrial disputes and negotiate with the management. The Director of Labour of the government acts as the Registrar of Trade Union in Bangladesh. In 1972, the number of registered trade unions in the country was 2523, with membership of 682,923 workers. Till December 2004, 6492 trade unions (worker's union - 5242 and employers' association- 1250) exist in Bangladesh having 2,094,887 members. This clearly shows the rate of multiplicity of trade unions in Bangladesh.

5. LABOUR RIGHTS UNDER THE TRADE UNIONS

By the very Ordinance, freedom is also given to the labourers to form any federation of trade union [10]. Trade unions or federation of trade unions can be formed in any premises or any commercial or industrial establishments. The Registrar appointed under this ordinance may declare any of the trade unions formed in accordance with the provisions of this ordinance, as the CBA of that very establishment [11]. To declare a trade union as a CBA, the registrar is bound to abide by the provisions of the Ordinance. The function of the CBA is to bargain with the employers and with the government regarding labour interests and labour rights. So, it can be said that the labour organization is recognized by the state.

Forced or compulsory labour may be as a means of political coercion or education, or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system, or by mobilising and using labour for the purposes of economic development and as a means of racial, social, national or religious discrimination [5]. The labourers of Bangladesh enjoy full freedom to choose their own sector of work, and they have the choice to be a member of any trade union, federation of trade unions or to constitute a new trade union. Nobody can put pressure upon them to do a specific work in a specific factory or establishment, or to be a member in a specific trade union. In choosing the place of work and working sector, full freedom is the fundamental right of a worker in Bangladesh. All forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law [12].

The laid-off workers have their rights for compensation [13]. Retrenched workers have their rights of re-employment [14]. Every employer is responsible for the payment to the labourer concerned [15]. To keep the health of the worker up to a proper standard and to ensure the welfare of the workers the employers must comply with the provisions stated under the Factories Act, 1965. Every worker has the right to a proper medical examination by a qualified medical practitioner if he or she falls in an accident during working hours [16]. No worker is bound to work more than the working hours prescribed under the different Acts existing in Bangladesh. Overtime allowance must be at the rate of twice of the ordinary rate of wages [17]. Every worker is entitled to weekly holidays, festival holidays, annual leave, casual leave, and sick leave with full wages under the different Acts and Ordinances existing in Bangladesh regarding labour.
Apparently it seems that labourers in Bangladesh enjoy full freedom in choosing their own work and own organization. They are provided with all kinds of rights by the employers and states. But the real phenomenon is quite different.

Every citizen shall have the right to form associations or unions [18]. Obtaining these opportunities employers and other elite forces formed so called trade union and other labour organizations under the shadow of political authorities. They use the weaker worker class at their political interest. A poor and weaker worker who is hand to mouth is not capable of forming any trade union; and cannot express his/her own opinion regarding labour politics and different labour industrial issues. So freedom of association is meaningless to a worker in Bangladesh as there is a major lack of existing labour-industrial laws in Bangladesh. A worker may be dismissed without prior notice or pay in lieu thereof, if he or she is found guilty of misconduct [19]. Without giving prior notice, dismissal only on the grounds of misconduct is a violation of natural justice.
A residual power is always vested upon the government in almost every section of the existing labour industry related Acts and ordinances in Bangladesh, by which the government can do whatever it likes. At present most of the employers of factories and other establishments are somehow part and parcel of the government directly or indirectly. So, the existing labour-industrial laws are in favour of the employers and not in favour of the workers.

CONCLUSION

Existing labour rights and emerging trends of trade unions in Bangladesh call for re-thinking. Trade unions in Bangladesh contribute to a lack of solidarity and collaboration on certain issues. The union movements consider 'reaching out to the unorganised and vulnerable' groups as a way to ensure the future relevance of trade unions. By removing the political leadership from trade unions and other labour organizations; by reducing government intervention and at last by amending the existing labour-industrial laws, proper trade unions and labour rights can be ensured in Bangladesh.

REFERENCES

1. Universal Declaration of Human Rights 1948, Article 23(4).
   
2. M. Abdul Halim, Text Book on Labour and Industrial Law of Bangladesh, CCB Foundation. Dhaka, 2005, P. 27.
   
3. Kamruddin Ahmad, Labour Management in Bangladesh (Dhaka: 1978), P. 48.
   
4. Nuruzzaman, N. 'Labour Resistance to Pro-market Economic reforms in Bangladesh'. Journal of Asia and Pacific Studies, Vol. 41, No. 4, p. 341-357 (2006).
   
5. Vaydyanathan. N, ILO Standards for Social Justice and Development of Labour, Deep & Deep Publications, New Delhi, 1992, 29.
   
6. Khan, A. A., Labour and Industrial Law.
   
7. Summaries of International Labour Standards, Second edition updated in (1990), International Labour office, Geneva.
   
8. Khan, A. A., History of Trade Union.
   
9. Industrial Relations Ordinance 1969, Section 3.
   
10. Industrial Relations Ordinance 1969, Section 20.
    
11. Industrial Relations Ordinance 1969, Section 22.
    
12. Constitution of the People's Republic of Bangladesh, Article 34(1).
    
13. Employment of Labour (standing order) Act 1965, Section 9.
    
14. Employment of Labour (standing order) Act 1965, Section 14.
    
15. Payment of Wages Act 1936, Section 3.
    
16. Workmen's Compensation Act 1923, Section 11.
    
17. Factories Act 1965, Section 58.
    
18. Constitution of the People's Republic of Bangladesh, Article 38.
    
19. Employment of Labour (standing order) Act 1965, Section 17 (1) (b).