The Bangladesh Labour Code, 2006 is one of the very recent laws with major overhauling adjustments within the discipline of Labour Legislation. The legal guidelines which this code has replaced have been made generally at some stage in the British Colonial regime & Pakistan Period and that they had been as many as 50 in quantity. In many cases, those legal guidelines have been previous, scattered, inconsistent & frequently overlapping every other. In 1992, a Labour Law Commission was fashioned by means of the Government of the day which examined 44 Labour Laws and recommended to repeal 27 Laws & it organized a draft Labour Code in 1994. This draft of Labour Code, 1994 underwent collection of adjustments in its vetting tiers & finally the Bangladesh Labour Code, 2006 turned into exceeded by using the Parliament on October 11, 2006. Section 353 of the Code has repealed 25 previous Labour related laws. There are nevertheless 25 legitimate laws handling Labour & Industrial issues have now not been repealed or consolidated and as such the Bangladesh Labour Code, 2006 despite the fact that a Consolidated Act changed into not consolidated all of the laws in the filed.
Though the Bangladesh Labour Code, 2006 became enacted in 2006, nevertheless there are a few sensible issues and shortcomings relating to Labour Code, 2006. Collective Bargaining Agent (CBA): CBA is a notion which improves the conditions of operating existence. According to Hoxie- “Collective Bargaining (CB) is a mode of fixing the phrases of employment by bargaining between an organized frame of personnel and employers or an association of employers generally performing through organized marketers.” CB is a chief institutional mechanism for resolving the conflicts some of the involved parties. CB is the mixture of two words: (a) Combination (i.E. Jointly) & (b) Bargaining (i.E. Offer & counteroffer to attain a settlement) So we will say that CB is a method of resolving the present conflicts among the worker and employer. The item/cease of collective bargaining is continuous to harmonize labor family members, to sell commercial peace via growing conditions whereby labor and capital are placed on the same footing, whilst negotiating with the enterprise. For a successful CBA, a few situations should be fulfilled. But it’s a remember of sorrow that maximum of the conditions isn’t accompanied in Bangladesh. However, the preconditions for a hit CBA are following as Democratic Attitude of the management towards the people & their unions need to be ensured. But alas, in a maximum of the present context/situation in the industry, it’s far visible that the management facet usually tries and dominate the workers as well as their unions. Mutual accept as true with, self-belief & appreciate the management and the change union activities should be maintained.
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The government has to no longer interfere inside the inner affairs of exchange union and collective bargaining. Devoted an unbridgeable leadership of the CBA or Trade Union (TU) ought to be encouraged. But, in most of the situation, it’s miles seen that the control authority gives bribe, or pressure to take a bribe to the CBA if the CBA doesn’t want to take it willingly. Workers’ proper to strike and collective bargaining must be ensured. Need primarily based training programme ought to be prepared for increasing/enhancing the understanding of bargaining skill of the TU Leaders in addition to people. But in practice, we see/observe that most of the employers always try and dominate the workers in addition to the TU. Because of it, the employers or management authorities do not set up want primarily based training programmes for the people in addition to TU. To ensure that CB functions well unfair labor practices mentioned in Sec 195 & 196 of Bangladesh Labour Code, 2006 should be prevented & deserted by means of each facet, and so on. Practical Problems regarding CBA: As we realize that there may be no identical footing among employers & worker in Bangladesh. The reasons (i.E. Realistic problems) for vulnerable bargaining position of workers are given below: The frequent attempts by the ruling party (i.E. Employers), to buy off or victimized change union leaders via presenting bribe to them. The unfavorable or authority mindset of the management. A weak industrial based totally and the shortage of actual democratic exercise in Bangladesh. Politicization of TU, inter and intra rival reach, opportunism of change union leaders, absence of experienced TU Leaders at plant level etc. Practical Problem concerning the Labour Court in Bangladesh:There are a few real problems concerning the Labour Court in Bangladesh which is given under The quantity of Labour Court to be had in Bangladesh is not ok as evaluate to the volume of instances. So far I recognize that there are handiest Seven Labour Courts in Bangladesh.
Out of Seven Labour Courts, 3 are in Dhaka, in Chittagong, one each respectively in Rajshahi & Khulna. Actually, it is not feasible to maintain many labor associated laws with a few numbers of courts. So the variety of labor court docket needs to be expanded compared to the volumes of instances. The government has to take important projects in this regard. The Chairman and the Members of the Court are not supplied with affordable facilities. So, it demotivates/discourages them than as such hampers the early disposal of instances. So, a well-known remuneration package along with admissible benefits should be provided to the Chairman and Members of the Court. It is assumed that if rewarding remuneration is obtainable to someone, the rate of his work is likewise elevated unexpectedly.
The Chairman & the Members of Labour Court are part-time to appoint. I assume that this is the primary barrier to the backlogs of instances. Because part-time appointed Chairman & the Members do not pay right interest in this regard. So, the Govt. Together with other agencies should come forward in this regard. It is said in section 218 (eleven) of the Bangladesh Labour Code, 2006 that- “The Judgment of the Labour Appellate Tribunal shall be delivered within a duration of not greater than 60 days following the submitting of the appeal. Provided that, no such judgment shall be rendered invalid by way of cause best of any put off in its transport.” Because of this provision, to get a judgment, four to five years are expired. Because there may be a chance of time petition with the aid of the parties specifically employers. Because of this lengthy system, the employees are reluctant to select an attraction. So, I think, there have to be blanketed a clause and this is – the Judgment of the Labour Appellate Tribunal shall be added within a length of no longer extra than 60 days following the filling of the enchantment. Provided that, a further length of three hundred and sixty-five days can be extended in this regard i.E. To deliver judgment.
The financial lack of ability prevents the employees from filling instances in opposition to control. The frequent moving of the date of the listening to makes aggrieved employees very annoyed. The Government and different relevant corporations are reluctant in paying proper attention to the hassle of Labour Court. This is some other purpose for the barrier to the backlogs of cases. So to overcome this problem, the govt. At the side of other relevant corporations should come forward on the way to paying proper interest in this regard. “Termination Clause” is a black regulation which remains now stays inside the Labour Code. “Termination simpliciter” is taken into consideration the most secure step for the enterprise to put off a worker.