Plot # E 33 Agargaon, Sher E Bangla Nagar, Dhaka-1207
Individual Assignment On Labor and Employment Law (What is the main barrier of peace full industrial relation in Bangladesh? Why the labor laws changed so many times?)
Submitted To Advocate Jafrul Hassan Sharif Course Facilitator of Employment and Labour Laws in Bangladesh (ELLB) Civil Service College
Submitted To Md. A MPA in HRM (7 th Batch) CSC-000
Submission Date: Saturday, 16 August 2014 Individual Assignment on ELLB Basis on Two Question
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Tables of Contents Page Acknowledgement 3 Executive Understanding on industrial relation 3 What is the main barrier of peace full industrial relation in Bangladesh? 4 Why the labor laws changed so many times? 6 Conclusion & Comments 7 Individual Assignment on ELLB Basis on Two Question
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Acknowledgement:
Executive Understanding on Labor Law: Industrial Relations (IR) usually refer to relationships between labor and capital that grow out of employment. There are two parties in the employment relationship-labor and management. Both parties need to work in a spirit of cooperation, adjustment, and accommodation. Specimen
The relationship between employer and employee or trade unions is called IR. Harmonious relationship is necessary for both employers and employees to safeguard the interests of both parties of the production. In order to maintain good relationship with the employees, the main functions of every organization should avoid any dispute with them or settle it as early as possible so as to ensure industrial peace and higher productivity.
In other words, good Industrial Relation means industrial peace which is necessary for better and higher productions. Some authors describe the term industrial relations also as either the full range of rule governing the work place (Dunlop, 1958). IR is also concerned with determination of wages and conditions of employment. IR and Human relations are distinctly two indispensable factors in industry, one depending on the other.
Individual Assignment on ELLB Basis on Two Question
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What is the main barrier of peace full industrial relation in Bangladesh? The Labour Law of Bangladesh is a complex and curious mix of different legislations, regulations and ordinances. Before the adoption of Labour Act of2006, there were about 57 laws in force in Bangladesh encompassing labour and industrial sectors. After the enactment of the Labour Act, twenty five of the prevailing enactments stood repealed and were amalgamated.
Legal framework of trade union The Constitution of Bangladesh provides the basic legal foundation for formation of organizations by workers and employers. The main statutory framework for such organizations is the Bangladesh Labour Act 2006. Besides legal restrictions, administrative manipulations, especially in private industries and informal sectors, prevent the workers from enjoying the right to be organized.
Currently trade unions as the industrial relations system are beset with problems. The following are some of the reasons -- Politicization or political affiliation of trade unions prevents them from becoming strong partners in collective bargaining. Politicization of a trade union also causes the loss of its distinct identity; Lack of solidarity among trade unions, provincialism, patron age of vested interest groups and internal conflict are some of the reasons that have led to the fragmentation of trade unions. The trade unions must be free from influences from political groups, government influence and owners; Workers at the grass root level are not aware of their rights.
Individual Assignment on ELLB Basis on Two Question
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At the national level, trade unions are divided into many federations with diverse ideological and political philosophy. Such division at the national level is commonly reflected in industrial relations at the plant level causing intra and inter-union rivalries due to ideological and political overtones. In the public sector, it is found that trade unions are often unable to pursue their objectives through the normal collective bargaining process as (a) Management in public sector is highly centralized (b) Government participates directly in wage setting procedures in the public sector, and (c) Collective bargaining in major issues is formally restricted in the public sector. In order to strengthen the trade union movement in Bangladesh, the following issues of good governance should be considered: Legitimacy of trade unions, which hinges upon whether the trade union leaders have the consent of the common workers and that they can be removed through peaceful labour processes Accountability of the trade union leaders, which requires a network of checks and balances between labour institutions, and defined performance standards for both common workers and trade union leaders Competence of the trade union leaders, which involves the capacity to formulate appropriate charters of demand, take timely decisions, and implement them effectively.
Individual Assignment on ELLB Basis on Two Question
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Why the labor laws changed so many times? From the Industrialization the Labor laws has been changed many times for well faring and establishing employee rights. In my understanding Labor Laws refers the conditional relationship of worker and Owner.
Now days the what present situation stands and Owner (Employer) Practices the different types Laws is nothing but the all reforming of worker laws. The industrial relation system is pre-dominantly confrontational in nature rather than cooperative in Bangladesh. It is characterized by the pre-dominant position of informal economy, fragmented unions, weak labor institutions, lack of enforcement of labor laws and conflict ridden employer-employee relations.
Without that there are some reasons which is as following 1. Freedom of Association and Collective Bargaining 2. Workplace safety and health 3. Other fundamental rights 4. Next steps on cooperation
Individual Assignment on ELLB Basis on Two Question
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Conclusion & Comments It is evident that any kind of state intervention in industrial disputes may strain the relationship between the workers and employers. But the government intervention in trade union remains a persistent feature of industrial relation system in Bangladesh.
The success or failure of tripartite consultation or negotiations largely depends on the responsiveness of Government to the demands and aspirations of both employers and workers. The state government has to ensure that there is no interference in the bargaining process from any political party, government or the employer.