Learning Outcome: After completion of this lesson, students will be able to - a) define workers and trade unions; b) identify the statutory and constitutional framework of trade unions in Bangladesh, c) identify unfair labour practices on part of employers and workers

1. Legal Framework of Trade
Unionism
Preeti Kana Sikder
Assistant Professor,
Department of Law & Justice
Jahangirnagar University

2. Importance of Trade Unionism
• Maintenance of congenial relation between employers and workers is always
very challenging because it is inherently in the nature of conflict of interest.
• Trade unionism emerged to address the issue and the legal framework for
regulating trade unionism developed by the state as a neutral actor between
employers and workers.
• Trade unionism is the core of industrial relations.
• The trade union, through its leadership, bargains with the employer on
behalf of union members (rank and file members) and negotiates labor
contracts (collective bargaining) with employers.

3. Functions of Trade Unions
• Individually a worker is too weak to protect and advance interests in his own
and he can do so only when he acts collectively in his trade union with his
fellow workers.
• The solidarity of workers through trade unions is indispensable to collective
action because a trade union gives an individual worker the support of an
organization capable of representing and safeguarding his interest, which he
himself in unable to do either for fear of dismissal or for lack of knowledge.
• The immediate object of trade union is not ensuring equilibrium in the
interests of the profiteering employers but to realize the worker’s interests.

4. Brief Background of Trade Unionism in
Bangladesh
• A successful trade union movement presupposes the existence of an
industrial and urban proletariat entirely dependent upon the factory system
for employment and livelihood. But such a proletariat did not exist in India
before the Second World war.
• Trade union activities were regarded as breach of contract and illegal
conspiracy in restraint of trade until 1926.
• In the face of long struggle, the colonial ruler compelled to introduce the
Indian Trade Union Act (Act XVI of 1926). The Act provided for,
registration of trade union, and granted immunity to registered unions from
civil and criminal liability.

5. Brief Background of Trade Unionism in
Bangladesh
• The rights of collective bargaining and striking were restricted
through promulgation of the Industrial Relations (Regulation)
Ordinance, 1975.
• Subsequently, the restriction imposed on rights of freedom of
association was gradually withdrawn by virtue of the provision of
the Industrial Relations (Amendment) Ordinance, 1977 and the
Labour Policy of 1980.

6. Constitutional Framework of Trade
Unionism
• The preamble of the Constitution of Bangladesh, 1972 provides that the
fundamental aim of the State shall be to realise, through the democratic
process a socialist society, free from exploitation- a society in which
the rule of law, fundamental human rights and freedom, equality and justice,
political, economic and social, will be secured for all citizens.
• The Constitution categorically provides as one of the fundamental right that
all forms of forced labour are prohibited and any contravention of this
provision shall be an offence punishable in accordance with law. It also
guarantees freedom of association as a fundamental right.

7. Statutory Framework of Trade Unionism
• The key statutory framework for trade unionism is the
Bangladesh Labour Act 2006.
• The EPZ Workers Association and Industrial Relations
Act, 2010 applies to the workers in the Export Processing
Zones established under the Bangladesh Export
Processing Zones Authority Act, 1980.

8. Application of BLA 2006
• BLA 2006 applies to every organisation, except for a
limited category of organisation listed in Section 1 (4) of
the Act.
• However, these exempted organisations can not have
internal rules, which have less favourable terms than
those of BLA 2006.

9. Definition of Worker
• It is generally seen that there are two types of
employees in every organisation:
• Employees who fall within ‘worker’ category; and
• Employees who fall within ‘non-worker’ category.

10. Definition of Worker
Section 2(65) of the BLA 2006 reads:
“Worker means any person including and apprentice employed
in any establishment or industry, either directly or through a
contractor, in whichever name it is referred to, to do any
skilled, unskilled, manual, technical, trade promotion or clerical
work for hire or reward, whether the terms of employment be
expressed or implied, but does not include a person employed
mainly in a managerial, supervisor or administrative
capacity.”

11. Worker vs. Non-worker
• A worker when on very solitary occasions performs the
functions of a manager or administrative officer is not ceased
to be a worker
• What is important is determining whether a person is a
‘worker’ is to see the main nature of the job done.
• To be able to say that a person is not a worker, it has to be
established further that he exercises functions mainly of a
managerial or administrative nature.
• For only the ‘worker’ category, BLA is applicable.

12. Formation of Trade Unions
• Trade union may be formed either by workers or employers
by registering under chapter XIII of the
Bangladesh Labour Act, 2006.
• Worker’s trade union is to be formed for regulating the
relations between workers and employers or
workers and workers and employer’s trade union is to be
formed for regulating the relations between employers
and workers or employers and employers.

13. Structure of Trade Unions
• Trade unions in Bangladesh may be divided into two categories: basic trade
union and trade union federation.
• Basic trade union is a primary organisation of workers at the working place.
Usually, the trade unions at plant level are termed basic unions.
• Trade union federation is the body of unions from the same industrial sector.
Section 200 of the Act provides that any two or more registered trade unions
formed in establishment which are engaged in or carrying on the same industry
may constitute
• Again, federation of trade unions can be two types: industrial federation and
national federation.

14. Collective Bargaining Agents
(CBA)
Section 202 (24) of the Labour Act, 2006

15. Registration of Trade Unions
• Section 179 (1) of the Labour Act, 2006
• A trade union of workers shall not be entitled to
registration unless it has a minimum membership of
twenty percent of the total number of workers employed
in the establishment in which it is formed.

16. Cancellation of Registration
The registration of a trade union may be cancelled by the Director of Labour if the
trade union has
• applied for cancellation of registration;
• ceased to exist;
• obtained registration by fraud or by misrepresentation of facts;
• contravened any of the basic provisions of its constitution;
• committed any unfair labour practice;
• a membership which has fallen short of the number of membership required;
• contravened any of the provisions of this chapter or the rules.

17. Unfair Labour Practices
• On part of the employers: Section 195 of the Labour
Act, 2006
• On part of the workers: Section 196 of the Labour Act,
2006

18. Disqualification for becoming
Member of Trade Unions
Section 180 of Labour Act, 2006

19. Protection and immunities of Trade
Unionism
• Special definition of worker: For the purpose of ensuring protection of
trade unionism, worker includes a person who has been dismissed,
discharged, retrenched, laid off or otherwise removed from employment
in connection with or as a consequence of that dispute or whose
dismissal, discharge, retrenchment, lay off or removal has led to that
dispute.
• Every registered trade union shall be a body corporate by the name under
which it is registered, shall have perpetual succession and common seal
and the power to contract and to acquire, hold and dispose of
property, both movable and immovable, and immovable, and shall by the
said name sue or be sued.

20. Protection and immunities of
Trade Unionism
Section 197 and 198 of BLA 2006

21. Thank You

22. Sources for this lecture
• Dr. Farmin Islam, Md. Asaduzzaman, Legal Framework for
Trade Unionism in Bangladesh, IOSR Journal Of Humanities
And Social Science (IOSR-JHSS) Volume 20, Issue 11,
Ver. III (Nov. 2015) PP 13-19.
• Justice Md. Azizul Haque, Bangladesh Labour Law,
Universal Book House, 2017