Assignment On Labour Law

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University of Chittagong

Course Code: L.L.B. 402

Assignment on
Current Dynamics and Challenges of Trade Unions in Bangladesh

Submitted to

Dr. Muhammod Shaheen Chowdhury

Professor

Department of Law

University of Chittagong

Submitted by

Toma Chowdhury

Session: 2016-2017

L.L.B. Honors 4th year

ID No. 17501124

Date of Submission: May 9, 2021

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Part A: Current Dynamics of Trade Unions in Bangladesh

A. Types of Union Functioning in Bangladesh


Trade unions are born out of the necessity of working class people to protect their rights and
privileges as well as to defend themselves against enrichments, injustices and exploitation by
their employers. It is the core of industrial relations. 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 is unable to do either for fear of dismissal or for lack of knowledge. Cunnison (1930)
viewed that “Trade union is a monopolistic combination of wages-earners who as individual
producers are complementary to one another but who stand to employers in relation to
dependence for the sale of their labor and even for its production, and that the general purpose of
the association is in view of that dependence to strengthen their power to bargain with the
employers or bargaining collectively”. In Bangladesh three trade unions are functioning, which
are as following:

1. Basic Union
Trade union at the plant or enterprise level is usually referred to as basic unions. They are formed
at
the unit or enterprise level with the membership of worker or employees of the particular unit or
enterprise. Such a body being at the grass root level has the advantage to be closet to the rank –
and
– file members giving scope to know directly at first hand the day to day problems of the
workers
and deal with the same within the capacity of the union and if necessary to take their appropriate
measures of appropriate time to mitigate these problems
Trade union at the plant or enterprise level is usually referred to as basic unions. They are formed
at
the unit or enterprise level with the membership of worker or employees of the particular unit or
enterprise. Such a body being at the grass root level has the advantage to be closet to the rank –
and
– file members giving scope to know directly at first hand the day to day problems of the
workers
and deal with the same within the capacity of the union and if necessary to take their appropriate
measures of appropriate time to mitigate these problems
Trade union at the plant or enterprise level is usually referred to as basic unions. They are formed
at
the unit or enterprise level with the membership of worker or employees of the particular unit or
enterprise. Such a body being at the grass root level has the advantage to be closet to the rank –
and
– file members giving scope to know directly at first hand the day to day problems of the
workers
and deal with the same within the capacity of the union and if necessary to take their appropriate
measures of appropriate time to mitigate these problems
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Trade union at the plant or enterprise level is usually referred to as basic unions. They are formed
at the unit or enterprise level with the membership of worker or employees of the particular unit
or enterprise. Such a body being at the grass root level has the advantage to be close to the rank
and file members giving scope to know directly at first hand the day to day problems of the
workers and deal with the same within the capacity of the union and if necessary to take their
appropriate measures at appropriate time to mitigate these problems.

2. Industrial Federation
A federation of trade union that works within the jurisdiction of a particular industry is referred
to as an industrial federation. Such as federation consisting of some unions (two or more)
belonging to a particular industry provides a common platforms and a joint endeavor of workers
employed in different enterprise or units of the industry. In general an industrial federation
formulates charter of demand, conveys workers’ grievances to the authority, negotiates with the
authorities concerned and takes necessary steps contingent on the result of their negotiations.

3. National Federation
A National federation is an apex organization of trade unions within the country. So far as all
types of trade union organizations, including national union and industrial federations can be
affiliated with any such federation of their choice. The federations units may take guidance
from it for formulating characters of demands, organizing strikes and conducting negotiations
with the management. In Bangladesh there are three national trade union federations, namely:

a) Sramik Karmachari Oikya Parishad (United Front of Workers and Employees), it is a


national federation of 16 unions in Bangladesh which collectively represent 90 percent of the
unionized labor force in Bangladesh.

b) Bangladesh Garments Workers Unity Councils, it is national trade union center in


Bangladesh. The center unites 21 garment worker trade union federations.

c) National Coordination Committee for Workers' Education, it is a national trade union


center in Bangladesh. The center unites 14 national trade union federations.

B. How Trade Unions Operate Their Functions


Trade unions play an important role in preventing the exploitation of employees in the hands of
management. Over the years, the relationship between management and workers has changed
from master and servant to employer and employee. The hire and fire policy of the management
can be dispensed with the intervention of trade unions, who fight for the rights of workers.
Hence, in protecting the rights of the workers trade unions operate their functions in the
following ways:

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1. Increasing Co-operation and Well-being among Workers
Trade unions promote friendliness and unity among the workers. Besides this, the trade unions
also discuss the problems, which are common to all the workers. It is a platform where workers
come together and know each other. The trade unions also provide some kind of entertainment
and relaxation to the workers.

2. Secure Better Working Conditions for Employees:


Most of the industrialists are not very keen to providing the facilities and proper working
conditions to the workers. Trade unions unite the workers and help them to get all the reasonable
comforts and if necessary compel the employers to provide all the facilities. Pressure can be
maintained in healthy conditions and hours of work can be arranged conveniently without
resorting to strikes or disruption of work.

3. Establishing Contact between the Workers and the Employers


In present days a single unit in an industry may employ hundreds of workers. Many times a
worker may not have a chance to see their manager. In this situation the workers are not able to
present their grievances before their employer and even the management is not able to redress
the difficulties faced by the workers. The trade unions play an important role by bringing to the
notice of the employer the difficulties and grievances of the workers. They try to arrange face to
face meetings hence establish contact between the workers and the employers.

4. Provide Welfare to the Workers


In Bangladesh, the economic conditions of the industrial workers are not too good. The labor
class is backward and illiterate. They live in slums and eat coarse food. Trade unions try to get
housing facilities for the employees. They also arrange for the education of the children of
workers. Thus trade unions promote the social and economic welfare of the workers and try to
protect them from evil habits.

5. Work for the Progress of Workers


The trade unions attempt to improve the economic conditions of the workers and remove their
hardships and handicaps. They work for the increase in wages and also try to get adequate bonus
for their members. Overtime wages are also secured by the trade unions.

6. Protect the Interests of Workers


Trade unions safeguard the interests of the employees against the exploitation in the hands of
employers. When the employees are united, the management cannot deny the chances of their
promotion, all dues of the employees like hike in wages, earned leave, bonus etc. The trade
unions assure that the workers under their aegis are not shunted out summarily and they receive
all the benefits due to them.

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7. Participation of workers
Trade unions works for achieving a better say of workers in the management of matters which
directly influence the interests of workers. In this way, unions attempt to establish democracy in
industry.

8. Collective Bargaining
A trade union negotiates and bargains with the management to settle terms and conditions of
employment.

9. Legislations
Trade unions lobby with political parties and political readers to secure legislative protection for
the workers from the government.

Part B: Challenges or Problems of Trade Union Functions in Bangladesh

The functions of trade unions are surrounded by many drawbacks which are as following:

1. Poor Labor Management


A lack of discipline among the members of the trade unions has become very common. As a
consequence, management and laborers always stand in antagonistic relations against each other.

2. Lack of proper guidance


The laborers are becoming ineffective members. They don’t even bother about the rules and
regulations which create insincere union members.

3. Political affiliation of trade unions


98% of trade unions are interconnected with political parties, for which they are deprived of
becoming strong partners in collective bargaining. The politicization of a trade union causes the
loss of its distinct identity. 

4. Multiplicity of trade unions.


Multiplicity of trade unions holds multiple political and ideological overtones where one is
distinctive from the other.

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5. Not Cooperating with One Another
Each and every trade union stays rigid in its own policy which causes conflict.

6. Divisional overtones
The workers cannot stay in a united form, breaking the topmost important requirement of
a trade union. A lack of unity and knowledge are contributing factors in this regard.  

7. Unaware of Rights and Duties


Workers who are new to any workplace are unaware of their rights and duties. Poor members
of trade unions having weak union performance are like a burden.  

8. Fragmentation
The lack of solidarity among trade unions, provincialism, patronage of vested interest
groups, and internal conflicts are some of the reasons that have led to the fragmentation of
the trade unions.

9. Absence of Proper Punishment for Violation of Labor Code


Unfortunately, in Bangladesh, proper punishment for violating the labor code is absent. If the
proper execution was implemented, workers wouldn’t dare to break the law. In the end, the union
leaders wouldn’t engage in corruption, be dishonest, or do unethical activities. 

10. Unfair Activities by the Trade Union Leaders


As some trade union leaders want to take unfair activities, so the owners don’t want to give free
access to work with them. Sometimes, the owners give bribe to the trade union leaders to make a
negotiation with the workers. As the workers are uneducated so they believe the leaders blindly
but in reality they get cheated by those leaders.

11. Barrier in Formation of Union


Former State Minister for Labor and Employment Md. Mujibul Haque Chunnu informed in a
national seminar on ‘Analyzing the role of different authorities in industrial dispute settlement
and developing comprehensive recommendations’, organized by the Bangladesh Institute of
Labor Studies (BILS) that workers’ ignorance and pressure from some influential quarters are
allegedly not allowing the Government to approve trade unionism in the industrial sectors. The
former minister added that, sometimes, the union leaders lobby with the labor department to
obtain permissions for forming unions only to take benefit of their leadership instead of taking
up a regular job.

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