TRADE UNION: CLOUDY PAST, GLOOMY PRESENT, SHINING FUTURE

Trade Union: Cloudy past,

By: Omar H. Khan Joy

THE right to form associations or unions is a fundamental right guaranteed by the Constitution
of the People's Republic of Bangladesh. Article 38 provides that every citizen shall have the right
to form associations or unions. Such right is reflected and ensured in Chapter XIII of the
Bangladesh Labour Act 2006 (BLA). A Trade Union (TU) is an association of workers or an
association of employers, who strive for better wages, better conditions of employment, more
productivity, etc.

A TU, through its leadership, bargains with the employer on behalf of union members and
negotiates labour contracts (collective bargaining) with employers. The most common purpose of
unions is maintaining or improving the conditions of their employment. This may include the
negotiation of wages, work rules, complaint procedures, rules governing hiring, firing and
promotion of workers, benefits, workplace safety and policies. Workers may also raise concerns
on how to improve their own productivity, quantity of their work and so on.
Despite all the good things that TUs are capable of doing, why then do we see workers only
revolting, rioting, vandalizing, torching, stopping work etc.? Why are we apprehensive of TUS?
Why do we have the most negative mind-set regarding TU leaders? There are two sides of every
coin. There are many underlying problems that blur the vision of both workers and employers,
which only true knowledge can remove.

We have been witnessing continuing agitation by the workers, which at times turned out to be
really deadly. Could there not be better communication, better negotiations, a bridge between the
owners and workers? In Bangladesh, there is a tremendous lack of consciousness: TUs are not
aware of workers' legal rights and corresponding duties. The most common problem is the lack
of knowledge.

Some political leaders, in the guise of workers' leaders, mislead the workers to satisfy their own
agenda. Some so-called NGOs and associated people are also materializing some 'hidden agenda'
by way of agitating the workers and misleading them about their real/lawful rights and
completely hiding the fact that they too have obligations to fulfill. Their aim is to always
maintain an agitated mob, who will continue to run after unachievable goals. They gain
immediate cheap popularity by delivering speeches having only high dramatic value.
In Bangladesh, it is often seen that both the registrars and the employers are against the creation
of TUs. Trade unions, as soon as they are formed, make a lot of demands to their employers.
Illegal strikes, lock-outs, etc. often follow when their demands are unfulfilled. The workers often
start considering themselves as having power, and try to misuse it. It is also usual for employers
to have a mindset against trade unions. As soon as the workers form trade unions, they tend to
forget that there are laws which govern what they can do and what they cannot do, and the
procedures of the things they can do. It seems as if trade union gives a licence for hooliganism.
Workers disregard the fact that there is a process of negotiation, conciliation, arbitration; failure
of all of these can lead to strikes. Trade unions of Bangladesh bargain more than they understand
because of the limitations of their knowledge. With power come a lot of responsibilities. With
power comes corruption also. Unfortunately, the latter is true for some trade union leaders.
The employer and employee are two opposite sides. There had always been problems in this
relationship of power, control, domination, submissiveness etc. The law entitles the workers to
form TUs to fight for their rights. They are a bridge to fill the gap between employer and
employee. Instead of having a negative/positive mindset against/for the workers who want to
form TUs, the registrars and employers must maintain a neutral viewpoint.
The 2013 amendments to the BLA 2006 have simplified the lives of those who want to form or
be part of trade unions. Before the amendments, there was a provision that the registrar would
send to the concerned employer the list of workers who applied for the formation of the trade
union. The purpose of this was that the employer could then verify whether the workers were
eligible to form such a union. An underlying problem was that this alarmed the employers who
did not want their workers to form unions. This almost always resulted in the prevention of the
registration of such unions. Now, this rule has been changed and a representative from the
registrar's office goes to the establishment and carries out local inquiry. Thus, unions are formed
without any kind of information going to the employer.

Rana Plaza incident has proved to be the 'high cost of low price.' Nevertheless, it compelled all
concerned to give highest attention to the workers' rights, including that of forming TUs. As
striking as it may sound, in the last nine months, i.e. following 2013 Amendment to the BLA,
approximately 140 TUs have been registered. In the thirty years before that, there were only 128
registered TUs. Nevertheless, the number of trade unions in Bangladesh is remarkably low, since
there are approximately 4.2 million workers involved only in the garments sector.
To implement and execute the rights, both the employers and workers must be trained. They
must be informed about the functions of unions, their meaning, and the motive behind forming a
union. Fortunately, many training programmes are being organised under the umbrella of many
organisations, including ILO, in order to raise awareness in trade unions. Recently, ILO in
conjunction with NCCWE, BILS and IBC, organised Orientation Programme for newly formed
TU leaders. All of this together is capable of creating a healthy and happy industrial and trade
relationship between the workers and employers, which is very important for a developing
labour-rich country like Bangladesh. Let us work for a better workplace than what we see.

The writer is Advocate Supreme Court of Bangladesh.

The EPZ Labour Law 2016

It is encouraging to note that at a recent cabinet meeting workers right to form trade unions in the
countrys Export Processing Zones (EPZs) has been guaranteed with the approval of the
Bangladesh EPZ Labour Law, 2016. The new law also guarantees a permanent wage board for
the workers. Besides, there are many other positive sides of the law. In case of on-duty death of a
worker, the law stipulates that his or her family members will get compensation of Tk 2 lakh and
an amount of Tk 2.25 lakh in case of his or her permanent or complete disability.
Under the new law, the EPZ workers will also get retirement benefits, mandatory group
insurance, cash payment for earned leave, paying full salary as festival bonus and maternity
leave for 16 weeks. Now that the EPZ Labour Law has been passed, it is expected that the
workers organisations in the EPZs, which will be named as Sramik Kalyan Samity, will conduct
their activities of trade unions responsibly so that EPZs do not become venues for mindless work
stoppage programmes that in the final analysis both harms the owners of factories as well as
workers.
It is also expected that as per provision of the law, a 12-member permanent wage board
comprising the representatives from workers and investors as well as representative from a
neutral source will be formed soon and fix the minimum wages for the benefits of workers.
Passing of the law would mean nothing unless its letters and spirit are followed without any
hindrance.
The cabinet committees approval of workers right to do trade unionism should now go well
with the external critics who often criticises the absence of trade unions in Bangladeshs
industrial set-ups at large. Since the Rana Plaza collapse in 2013 that killed more than 1000
people; Bangladesh became a target of attack from the US and European buyers of Bangladeshs
readymade garments. The Bangladesh EPZ Labour Law 2016 will indeed present the
government in a more positive light. It proves that the government here is really serious about
the overall welfare of the workers.

However, as the most important stakeholders, workers at the EPZs must remain on guard so that
vested persons or groups do not hijack their new-found freedom of forming trade unions. It is
their responsibility to choose the right persons as their leaders who not only love the workers but
also understand well how their genuinely rights they can practically ensure for them.