The TUC calls for amendment of Labour Act in Bangladesh to bring it into compliance with ILO recommendations.

In a letter addressed to the acting High Commissioner for the People's Republic of Bangladesh, the TUC has called for the amendment of the Labour Act of 2006 in Bangladesh to bring it into compliance with the observations of the ILO Committee of Experts with regard to Conventions 87 and 98.

Mr Rasheed Chowdhry

Acting High Commissioner

High Commission for the People's Republic of Bangladesh

28 Queen's Gate

London

SW7 5JA

Dear High Commissioner

On behalf of the TUC General Council, I write to urge the government of Bangladesh to amend the Labour Act of 2006 to bring it into compliance with the observations of the ILO Committee of Experts with regard to Convention Nos. 87 and 98.

Last year, an ILO-led process brought together workers' and employers' representatives to identify priority amendments to the labour law and to provide recommendations to address these problems. To date, however, trade unions have not seen the final text of the set of amendments prepared by the Ministry of Labour and are concerned that the text may have been weakened by amendments proposed by employers, thereby, reducing their potential value.

Trade unions urged the amendment of the minimum membership requirement of 30 per cent of the total number or workers employed in an establishment or group of establishment. This is too high and can erect a substantial barrier to union formation, especially in large enterprises. The unions also suggested the amendment of Article 178(3), which requires the government to turn over the names of the officers of a union to their employer. In practice, this has resulted in the disciplinary action or dismissal of trade union officers. Those who experience anti-union discrimination in this context are infrequently reinstated or provided compensation afforded by law.

It is also important that unions be able to elect their officers in full freedom. However, Article 180 prohibits anyone from being an officer of a union if he or she is 'not employed or engaged in that establishment in which the trade union is formed.' This eliminates the possibility of having full-time trade union leaders from either within or outside the industry. This provision is clearly inconsistent with principles of freedom of association and should be amended.

Regrettably, Article 1 of the Act excludes several types of workplaces from its coverage, including government offices, non-profit healthcare centres, educational institutions, small farms and the home (domestic service), among others. The ILO is clear that all workers, with no distinction whatsoever, should be able to join or form a union. The government must abolish these exclusions and ensure that all workers are able to exercise their fundamental rights.

While establishing a legislative framework consistent with international obligations is essential, the government must also fully implement those laws in practice. We are particularly concerned with the high number of applications for union registration that the Joint Director of Labour (JDL) has failed to act upon - some of them for years - or rejected for no (valid) reason. We recognize that the government has recently registered seven unions in the Readymade Garment sector in response to external pressure, but note that still only a handful of unions have been registered in the industry in recent years despite the best efforts of workers to organize. The registration of trade unions should be a simple, administrative process. If there are deficiencies in an application, applicants must be apprised of those problems and be allowed to amend their application accordingly. The government urgently needs to establish simple and expeditious procedures for the registration of trade unions and to register applicants accordingly.

Further, we are aware of numerous cases in which union members and officers have been disciplined or dismissed for exercising their trade union rights. The system of labour justice in Bangladesh has been slow, if ever, to provide an effective remedy, allowing employers to act with almost total impunity. While cognizant of budgetary constraints, we believe that much more can be done to make labour inspection and labour justice more effective.

The Labour Act of 2006 is not the only law in urgent need of substantial reform. As noted by the ILO Committee of Experts, the EPZ Workers Welfare Society and Industrial Relations Act (EWWSIRA) also needs substantial amendment to comply with ILO Conventions 87 and 98. The EWWSIRA prohibits the establishment of trade unions in the zones and allows only non-union worker associations with limited rights to associate, bargain and strike. Here too, our concerns are not limited to the legislation, but also its implementation by the Bangladesh Export Processing Zones Authority (BEPZA). We are aware of numerous cases in which the officers of worker associations were threatened, disciplined, dismissed and/or blacklisted for exercising their worker rights afforded under law. Further, we have seen little progress on collective bargaining in the EPZs. BEPZA has previously stated that there is no room for collective bargaining on any conditions of work in the EPZs above the minimum standards set forth in the Act. This position is simply untenable.

The TUC urges you to use your influence with the Government of Bangladesh to ensure the amendment of the Labour Act of 2006 as well as the EWWSIRA allowing the workers in the EPZs the freedom to exercise their fundamental rights.

Yours sincerely

FRANCES O'GRADY

General Secretary