Bangladesh

The Committee further observes from the Government’s statement to the Governing Body, within the framework of the discussions on the article 26 proceedings, that the minimum membership requirement for enterprises with over 3,000 workers was reduced from 20 to 15 per cent and the minimum membership requirement in groups of establishments from 30 to 20 per cent (section 183(6)). While taking due note of these amendments, the Committee understands that very few enterprises employ over 3,000 workers and recalls that a minimum membership requirement of 15 per cent in such enterprises and 20 per cent in groups of establishments is still excessive. The Committee further observes with regret that the Government has once again failed to take the opportunity of a legislative reform to address the Committee’s previous concerns in relation to sections 179(2) and (5) and 190(f) and notes that the ITUC points to difficulties in almost all factories to reach the minimum membership requirement. The Committee therefore requests the Government to continue to discuss the matter with a view to reducing the minimum membership requirements to a reasonable level (sections 179(2) and 183(6)), bearing in mind the recommendations of the tripartite constituents, and also with a view to amending sections 179(5) and 190(f) accordingly.

Unions can only be formed at the factory/establishment level, however in some exceptional cases (such as private road transport, private inland river transport, tea, jute bailing and bidi production) unions can be based on a geographical area. There can be no more than three registered trade unions in any establishment.

Under the Bangladesh Labour Act (BLA) of 2006 government workers and workers employed in offices under government authority are prohibited from belonging to a trade union with the exception of railway, postal, telecommunications, public works, public health engineering and government printing press workers. Firefighters are denied the right to form unions. On the positive side, new categories of workers, including teachers and NGO workers, are permitted under the BLA to form unions.

The law provided for the right to join and, with government approval, to form unions. The law did not cover workers in the informal sector, who make up about 85 percent of the labor force. The legal definition of workers excluded managerial, supervisory, and administrative staff. Civil servants, firefighters, security guards, and employers’ confidential assistants were not allowed to join unions.

211. Strike and lock-out : (1) The party which raised the dispute may, within fifteen days of the
issue to it a certificate of failure under section 210 (11), either give to the other party a notice of
strike or lockout, a the case may be, to commence on a day, not earlier than seven days and not later
than fourteen days of the date of such notice, to be specified therein, or make an application to the
labour court for adjudication of the dispute:
Provided that no collective bargaining agent shall serve any notice of strike unless 51% of
its members have given their consent to it through a secret ballot specially held for he purpose,
under the supervision of the conciliator, in such manner as may be prescribed.
(2) If a strike or lock-out is commenced, either of the parties to the dispute may make an application
to the labour court for adjudication of the dispute.
(3) If a strike or lock-out lasts for more than thirty days, the government may, by order in writing,
prohibit the strike or lock-out:
Provided that the Government may, by order in writing, prohibit a strike or look-out at any time
before the expiry of thirty days if it is satisfied that the continuance of such strike or lock-out is
causing serious hardship to the community or is prejudicial to the national interest.
(4) In the case of any of the public utility services, the Government may, by order in writing,
prohibit a strike or lock-out at any time before or after the commencement of the strike or lock-out.
(5) In any case in which the Government prohibits a strike or lock-out, it shall forthwith refer the
dispute to the Labour court.
(6) The Labour court shall, after giving both the parties to the dispute an opportunity of being heard,
make such award as it deems fit as expeditiously as possible but not exceeding sixty days from the
date on which the dispute was referred to it :
Provided that the labour court may also make an interim award on any matter or dispute :
Provided further that any delay by the labour court in making an award shall not affect the validity
of any award made by it.
(7) An award of the labour court shall be for such period as may be specified in the award which
shall not be more than two years.
(8) No strike shall be permissible in an establishment for a period of three years from the date of
commencement of production, if such establishment is a new one or is owned by foreigners or is
established in collaboration with foreigners. But other provisions of this chapter relating to
resolving industrial dispute shall apply to such establishments.

The 2013 Amendment to the Bangladesh Labour Act sets the threshold support on a vote to authorise a strike at 2/3 of all members (previously 3/4). Rule 204(2) of the Labour Rules provides that only those who are paying members of the collective bargaining agent union are eligible to vote in the secret ballot to issue notice of a strike.
Go-slows are punished with a prison sentence under the Bangladesh Labour Rules.

The law provided for workers in a collective bargaining union to have the right to strike in the event of a failure to reach settlement, but the law placed limitations on this right. At least 75 percent of union employees had to support a strike action. The government could prohibit a strike deemed to pose a “serious hardship to the community” and could terminate any strike lasting more than 30 days. The law additionally prohibited strikes for the first three years of commercial production if the factory was built with foreign investment or owned by a foreign investor. Few strikes followed the cumbersome legal requirements, however, and strikes or walkouts often occurred spontaneously. Work stoppages, strikes, and workplace actions regarding wage arrears, improper or illegal shutdowns, layoffs, terminations, and discrimination were prevalent in several sectors during the year.

294. Penalty for illegal strike or lock-out : (1) Any worker who commences, continues or
otherwise acts in furtherance of an illegal strike shall be punishable with imprisonment for a term
which may extend to one year or with fine which may extend to five thousand taka, or with both.
(2) Any employer who commences continues or otherwise acts in furtherance of an illegal lock-out
shall be punishable with imprisonment for a term which may extend to one year, or with fine which
may extend to five thousand taka, or with both.