Sei sulla pagina 1di 18

Trade Union Movement in Bangladesh: lssue, Agenda and

Legislation
Uddin Ahmed
I "Mesbah
Presidenl, Jatiya Sramik Jole
,
Background

Trade u nion movement lln Bangl adesh has a very long Ir en antation ln ies and ssNice
sectors or( in the nineteen th cen U er ial rule. The rs used lndia as sup
rials of rrn US suppo rt this, they had also to develop in infrastructure of supply. like
transport - railwa y and shippin g. They and their all-native bourgeoi sie had started plantation like tea a indi o.
Beside these some auxiliary proce ssing industries were inlroduced to utilise cheap labour and acr tes salt
manufacturing, cotton yarn, jute ba iling, and jute and textile industries. The main centres of these economic
activities were Mumbai, Kolkata, Ahmedabad, Chennai and Kanpur.

he f labour on in ln was in B l. ln ln Bengal, a noted dramatist and social


alon with som ournalis friend s,p ns tn d-
condition and hardship vation work e wrote a ay name rrof ln d o) raying 1trE*
,@ I

e min ils of peop


t-
ono tn pa on a
elites. People could realised deplorable ancj inhfman condition of workers. was eofb
labour movement. The social elites, pol iticians, academics, writers and the al acti vists felt b over the ill-
The colonial autho rity
ir-......-.-:-..--.

treatment ot workers, e specially indigo workers, and. raised voiced in favg?-rr of work I
ded sh to the itation of indi which is known as 6lil Bid ndi U ,an e
workers first rme opp the full weight of authority. rs
was til the middle o, the th ce when a nificant number of ustrial service workers
at ,na irade unions were establi on a significant

few years after the indigo upsurge, in 1875, a socia I worker i made a proiest
notice o{ the of State for lndia. Tre
s ac
workin conditions of worke
u mrss was a orn
. This was
tn the sam year in 1875, and as a re
ree years
e Factories Act, 1881 was
, in 1884, enothe acto Commission was
n yeat, a ombay ( ntl MU AI ctory- workers organise{by N r,,l
e eman ded a.compl day of rest on Sun ay, a an recess e v, ng hours
tween 6.30 a. m. to sunset, the payment of wages not later than 15th of the month, and compensation for
injuries at work-p lace. ln 1889, in Bombay. workers of spinning and weaving mills demanded Sunday as holiday,
regular payment of wag@ of accident at work Place.'

The trade union movement was at that period, generally led by philanthropists and social reformers who
i'A org anised workers and protected them against inhuman working conditions of them was Ms.Anus ben
Sarabhai who was the daughter of a Mill Agent in Ahmedabad. She had visited Eng and a ess ed the e
u-n]6n- atiiiiiiEllhe6]ert her return to lndia in 1914 with her democratic values he began working among
textlle workers and poorer sections o in Ahmedabad. She esta ished schoo welfare centers and
worked for the betterment of the workers and poor people.

'17, the workers of medabad Mills reso demanding an increase in wages. Anusuyaben was
among rp rn that st e rs, strike n ways. rrs the great majority
of the textile workers acted as a single g roup for the first time and textile workers in Ahmedabad could organise
them selves in a trade union on December 4 17. Second, in spite of very strong o position from the
govemment and the owners, the stri lvas success hd workers got a wage increa from this, workers
s formed in for the
I ot a moral boost and a se to org aniSe them. Th
some other
union
industrial or cra ft-based unions. The e
nt v
anot unton ras bour Union S ed in Madras (presently in Tamil Nadu in th lnd ra. The
S a. e got Dr. Mrs. An nte
esa n a social activist and t ke rom the est .B the rowth of trad e unron movem
t een o eg and trade eap o ng e War
ny trade unr were for rou oho ut lndia. The linked to ind
tn rd n ns are essentially a reac n to the tofca pitalism. r the middle of
cen horizons o u continued expansion e of industry, and

VV
i, '\_..
by the building-of railways. iute and textile\\
widening of the market both - labour and goods- caused especially
for an expansion of the scope of unionism
industries and tea plantation-were att taao'rs mafing
union movement at this stage got close links with
the
-
There were a number of strikes during 1919 1922. Trade
cs. The lrade unions did not confine
e us the mov
\ ,themselves to trade unio issues, like wages, work ing hours and oth ers, but took an active Part i n thgggrrgglelob
on was set u b the to investigate tn to labour unrest in the industries.'
indepe ndence. A 1920. Among these,
rt of th S lsst on, there
organised in the territory resen tu Bangl adesh
on ly stri

tea arde ns went on s ke in lhet. The government engag ed military


n of Chandpur and Laksam an d
the railwaY
,to suppres s the worker movement. ln Protest this act,Later on, the workers of Pahartali railway workshop of
mariners of Chandpur wenl on strik Chittagong, Dhaka,
had been NEOUS eneral strike in Chandpur,
Chittagong also joined the strike. T parts ng e gove ment severely dealt with
Narayangani and Noakhali. Latter th e skike spre
strikers. and latter on lhe strike was called off.'(Mohiuddin)
lor few days, and mills
nearby also the strike in support workers of Dhakswari Cotton Mill. That was th r

The
in trade unions with The fkst, to secure immediate goal,
that would toPple the
and better working ultimate goal could be to build a long-range movement
pace of the trade union
free lndia British rule. This speeded uP the
ES: I lr formsd
of unions. Both reft

er after

the fundamental rights of freedom of the


This was the first Act of the British rulers to recognise for the registralion of Trade
passed with a view "to
workers. The lndian Trade

the lndian
ised in lndia indirectl v under the provisions of
The right to strike and lockout were ultimately recogn Board and Court of lnquiry for the settlement of.(G'
29. The act Provid ed for adtloc Con ciliation
Gde Disp ut
Act prohib ited strikes and lockouts in Public
'utility services" and general strikes ?'
trade U However,
: affecting "c ommunity as a whole."
i
l mills, jute bailing and pressing units, railwaY,
unn the thirties workers were unionised i n cotton mills, iute
Narayangarrj. Dlt skeswati Cr-rttort Mill wotko's
cottage cag arette), arrd scaverlgels in Dhaka aild
1

ee Anoiher
i demands after a successful strike action movement.
could secure dearness allowance and some other for three
I
@ Victory of cotton mill workers
month, to realise their 17 -poln
Na ngan, was in 1946;.they went on strike in February
S, n uded stopPing arbitrary terminati on
and continued
of workers
workers. The
by the
victory
i
'inanagement. F ur work ers were d fifty were injured after P red on the agitated

of workers boo u on movement

Pakistan ( ladesh) a union contre was


I r the British ruls and Pa rtition of lndia, in East m a month after
I e Union E
rmed--Ea P ptember 1947
AITUC on sth
I is new on was created on the b
from it, the
into and SA ing
in ln Pro
I in Mumbai. The resolution said:" ln view of the division kistan areas to form separate ce ntral trade union
, \General Coun cil permits the affi liated trade unions from Pa
.:

I
t /$rqanisation if they do so wish
I Faiz
I its Presi t A.M.M alek and
top leadershiP of this trade union centre including
i
i
I
MMu:". s htist, leftist dominated major
was a very unfa vorable time for
basic unions; ParticuladY nm
the left to organ ise workers. The Political wind
was
e
blowing
railwa
other
y
way
remained.
around,
lt
for

I
I
b IS of lsla m and the rulers n9 aoainsl. communism that ii-is
ki s created on
aga inst lslam and Pakistan Behind every dem ocratic or wo movement they sfu 66t64-c6;;unisl6were-
There were 26 strikes from Aug ust to December
beh ind-iiai-flI6-d'tthcirmotive was to destroy newborn Pakistan'
thousand workers were involved in those strikes involving abstinen
--'a period of five months More an twelve nt ousa man days.(Mohiuddin 4)
e factories to the extent of abou nrne

'f\ p,sos, EPTUF decided to have organisation in both wings of Pakistan with other
trade union activists from West
joining it and thus the name of the federation was changed to All Pakistan Trade Union Federation.
1948; Nurul
ur:::,"',':: trade union federation. ion Federation, Paki stan TUFP
PREL) was
formed in Janu
t and dd in
Huda, President of East Pakistan hployees ag
Ahmad President of Pakistan its General Secretary.
!

lnA pn I 1950 th nto one, keeping lhe name of APTUF. Nurul


: resident and Faiz Ahmad, General Sec.r€tary.
i I a becam e Presi I Pdkistan
co All Pakistan Federation-sf Labour and APTUF. the- naroe being Al
tion of Labogr in S ber 1950
l
A'R'Sunnamat
56, another formed, Pakistan Mazdoor'Federation (East Pakista! Zonelwith
resr 5ecretary.
G'
\d, Trad e Union leaders belonging to the left po litical NAP formed in 1958 r trade u ation,
aw houdhury was Secretary bf this
Pakistan Mazdoor Federation. Mohammad T was
Law on 8 October,1958'
federation. This federation ceased to exist after the imposition of -t\trartial

ers complained against one another that they had misappropriatsd


had reiieved onal confederation of trade uEions ., rd
the USA'S trade union centre One faction was Ali, one bY Faiz Ahmed and one bY

A.M.M.Qader

PakistanMaz{oorFederation,Eastzonecommitteealsogotsptitintotwc;A.R.SunnamatledoneandK.A.Hye
led the other.
cement factory, Fenchuganj Fertilizer
ln this period leftists were active : they orga nised trade union in Plantation;
factories, soap factories, sugar miiis,
Factory and Jute Mills in Chittagong' cotton and textile in Tongi, cigarette Development Co iion
the 60's, East Pakistan lndu
railway and bidi factories in North Ben gal. n the
there were set up a number of industries-- and
pu blic sector, Water and Power Board, East Pakistan Agriculture Developme.
t qorporatioil and other Public
!
had a good number of workers'

re lvere comnruoal+ids-ruKlrrdlo.-Natafet
@ 1964. The qllgge! tHat certain mlnisters
andkal6iii6i-of
wan to divide workers
creating religious conflict. J0te workers were Planning to
and.th6' comrnunal dbf coutd not sloP thOm. 1964, the
called on strike on
Hasem Mollah and M.A.Kader(East Pakistan Ju te Mills Workers Federation)
ajl nterim ag reement was signed on
&v-erG.o,fi hfi 6-6i-EasrPa kistan intervened and i
were R
strike was called off aftFr 22 davs strike The.leaders of this federation
the was not fu
(R-S.P) and the Pre sent Sramik Krishak Samajb adi Dal.But Party
on skikq kom
Sramik Federation u nder the leadershiP of 65
da rease of w
12 October and continued till 7 D

commun al forces . This wds the bac(ilroP of .irrte


Left trade unionists initiated a forum for workers, for unity against
workers' movement. TheY rommunal trade u nlon s on 24 October 1964, 6n( Prri"bo
u te workers'
Pakistan Sramik Parishad was formed. But this forum cou f
war between Pakistan a nd lndia in
movement was over after they had called off strike and after the a wa s President
1965. ln '1966, leftists formed another centre, Pu Sramik Federat roft,
Hossain Khan was General Secretary of this federation ng pro-Beijing view. But oro-Moscow
'divid;h
----afid Siraju
I into
j oined this federation' lt was at this time th at the left movement was getting
trade union ists had also for' Itre
I groups. This federation cou ld function somewhat un-hindered: The leftists
views and the governm ent had friendship with China
I trade unions protested the provision under
organised a movement to resist the passing
'section 19 and 20 of bour D rspu Acti 1965 to
n strike for collective bargaining and make strike illegal
They also raised NS ce procedure of the same Act. A token protest strike was
'called huge protest meeting was held at P,ltaft+{aidan, Dhaka against the laws by 14
trade union organisations join ly. Thousands of workers marched to Dhaka from industrial areas around Dhaka--
4dami eee, Demra, Postogola, Tejgaon, Tongi and Narayanganj. They marched to Dhaka on foot to join the rally
The I aws were ultimately passed in September 1965. But movement agaln st the laws muld not continge for'the
outbreak of the war ?OC th. The military rulers created a war-fobia and
auvinism among the people. A state em ency was declared a n hat s uspended human rights that existbd
un der soralled Basic Democracy that th e mil ru d. the '1962 boarder conflict between
lndia and China, the military regime of Pakistan became an ally of China, and the 1965 war.between lndia and
Pakistan brought t hem closer. And th us, pro-China communists also got themselves closer to the military dictatbr
eneral Ayub

1966 workers from Tejgaon, Adamjee and postogola industrial areas joined the general strike called
gue in support storic 6 ot r autonomy for East Pakistan and release of politicat
n9 el Mujibur ma Under the leadership of labour leader hul Amin Bh a,
Tejgaon' s workers mirched to city-center of haka defying the promulgation of Section '144 the e of the
UflMI P cedure proh ibitin all semblies and processions, obstruction and in m nate firing vp
ilitary ree workers were ki lled and many wounded.At Adamjee d Postogolartbere were
clashes with workers and security forces. Many were arrested. This was a re e step of work joining the
autonomy and ultimatel y independence movement. Members East ent u lso
trade union activist, to make success the general strike at i u areas. They were s an J',ffl-:?,s
who made success of the htsre&l-J$e strike . Though tho general strike was not successful at many
areas in Ohaka, but the cou rageous workers and Student League activists made the day different.

't967 ute mill workers again went on strike in demadd of special benent, a rise in wage.
t
ch eap rate and others. Mill owners and the Govemment tried to foil the strike by creating oppression on
workers-termination from job and cancellation of registration of union rand by creating riots between Bengali arid
immigrant Muslim refugees from India. Many trade union leaders were arrested and putin jail for indefinite period
under detention law of Defe nse Pakistan Rules. The strike continued for a month but got foiled when pro- Beijing
communists in C hittagong made an agreement with the owners without consulting Sramik Federation
which was leadin g the strike in Dhaka, Narayanganj and had influence in Khulna. Man ana
along with others, were put into prison. Under the agreement between leaders ofjute mill workers in Chittagong
and the owners, minimum e was raised Tk.88.20 with effect from January, 1967.

From 1966, the n list movemen


tn esh ri,,as gaining momentum. A combined of students
, with and comprising greater autonomy for East Pakistan similar of six ooint -
Plggqm, release ot ical prisoners and some other demands of their own, rauncneo a sluo€llmovement at
thc3!lS|-!)re. The government was very alert about this initiative of student organisations and-kied to foil the
unity by political maneuvering, picking up student activists by security forces and creating tenor. But, students
could make headway and in Janua ebruil a
- took place in culminbtion of
movomcnt. Thc working clais joincd worl(ers ro ga sunounding thc :??.:"iifi"d.{t
managomant until th6 dgmand was fu lfilled and this movement spread all ove[ wildcct. Th is was spootaneous
action of the common workers. This o'movement contin I tre6iliiEti6n-ot Martial Law on 25
March, 1163.

e new mili n labour conference and a commission was constituted to examine


lab o UES: IS was known as Noor Khan commission. A national minimum wagc was declared and lndustrial
Relations Ordi tn g to recommendations by the commission. -d---

Ever since the creation of n almost ment announced uile a number of lab t o es - the
most d emocra tic one was Air Malsha oor Khan' s licy ird us a S inance, 1 G9 was after
amalgamating Trade Unions Act and Industrial Disputes Act. For the first time, Minimum Wages Ordinance, 1969
was created, fixing minimum wages for unskilled workers. These became possible because of the mass-upsurge
against the Pakistani military ruler Gen. Ayub Khan and the Ghearo movement of workers to realise their
demands. The mass updurge - students', workers'and political movement combined -- forced Gen. Ayub to step
down and the new military ruler promised to give democracy, free and fair parliament elections'and trade union
rights. The potential of an alliance between industrial workers and students was vividly evident from this upsurge
of 1969. Through that Gherao movement, old trade union leadership was up-rooted and a new, more politically
oriented. leadership emerged. Three new national centers were formed Jatiyo Sramik League, Trade Union
-
Kendra and Sangiukta Sramik Federation-- of three political parties respectively, Awamy League, CPB and
Krishak Sramik Samjbadi Dal Various political parties attempted to gain strength from workers and their
organisations. This resulted in more unions, and fragmentalion of trade union movement thus started. At
the final
phase of the liberation struggle, lhe workers and traoe uhion movement played a great role.
ln March, 1971,
during the civil disobedience movement against the Pakistani military ruleis, trade Jnions played an importani
role: i'irtually they took over the management,,and executed orders they niceiveO rrom s5njooandnu
Stretttr
Mujibur Rahman. Thousands of workers were demonstrating against Pakistani rulers duing the days of
disobedience in March '71. The movement got a revolutionary iharacter when workers joined it. -workers of big
industries, unorganised workers from small industries and service sector, self-employed ones, different
professionals' groups and organisations .joined the movement. This is why when pakistani army cracked
down on
the civilians on March 25, 1971, one of their main obiects of attack was workeis' colonies andilums. Thousands
of workers joined the armed slruggle for liberation of the country. Trade unions performed international campaign
against the Pakistanis' heinous crimes ag€inst humanity. They went to ILO's 56rh Session in Geneva to campaign
for Bangladesh. Pragug-based world Federation of Traie Unions and its afriliates in different countries supportid
and helped the liberation movement of Bangladesh. Workers of differ€nt ports boycotted the loading 6i armi.
being shipPed to Pakistan. Workers of lndia voluntarily contributed money from iheir wages to Bingladesn
Support Fund. Trade union organisation.oF lndian Congress and an affitiaie of lnternationil confederition of
Trade Unions-- INTUC did huge campaign in lndia and abroad. They lobbied in lLO, and atso their own
inteinational trade union federation--IcFTU campaigned in support of the liberation struggle of Bangladesh. This
-i-97t
was how Bangladesh got membership of ILO after its independence on 16 December, earlier than that of
any othe,r organisation of UNOand UNO itself. lnJune 1972, in its 57h Session, the ILO accepted Bangladesh as
the 123'" state to become its member in spite of pakistan,s opposition.

@ After the independence, people had much expectation and enthusiasm, and so had working class. Thousands o,
workers were directly involved in the independence movement, went through different stage of the movemenr,
and.underwent a process of psychological and ideological transformation. And these Eised their expectation high,
but the war-devastated state could not meet that high expectation. Prime Minister Sheikh Mujibur Rahman o; 9
Fe.qruary, '1972, in a press statement urged upon the workers that they should for the time being accept their
exiiting wage rales and other benefits. He also urged that they should exert to the utmost to maximise production
and protect industrial assets and stocks.

Government has to take over the industries and establishments those were abandoned when owners left
Bangladesh. After independence the ownership structure in the industrial sector was:

Pakistani Private Ownership: 47%

Pakistani Private Ownership: 47olo

E.P. t.O.C 34y.

Bangladeshi Owners 18%

a Foreign Owners 1o/o

Abandoned industries and E.P.|.D.C. together was 81o/o arld was taken over in March 1972 of which 77o/o were
kept nationalized and the remaining 4% were offered for sale.

At this period after the independence, workers enjdyed a great deal of freedom and trade union rights. Most of the
plant-level trade unions had ioined the ruling party's trade union center, Jatiyo Sramik League. Many new plant-
level trade unions were registered. The trade union became a powerful menace to get authority in factories, mi s
and establishments abandoned by previous owners and subsequently taken over by the govemment. The locat
political elites had joined trade union to secure control over and have benefits of the takin-over industries and
establishments. Traditionally, most of the workers were frori outside and from different districts. And now local
people wanted to get jobs there, for, industrial workers were better paid then those informal sectors. There were
many riots between locals and non-locals in dlfferent industrial districts. The worst situation had arisen in
Chittagong and Tongi industrial districts. The local ruling party leadership, to grab the unions, had started
agitation against non-local workers; for, the hade union leadership was from non-locals. Through control over
kade union, the local elites made manifold gains. The first is that they could buy the products at mitl rate and selt
in the market at high rate. Secondly, thby could supply raw materials to mills at high rate. And thirdly, by inducting
lheir own people as workers and employees, they could have control over the establishment and in local politics.
The prices of cotton yarn, fabric, jute product, butter oil and many other products at mill-rate and market-rate
differed very much. One could become millionaire overnight by having a dealership of Kohinoor Chemical
Company, a cosmetic and toiletries industries or by having an allotment of quota for cotton yarn from Muslim
Cotton Mills of Kapasia or quota of allotment of matches from Dhaka Match Factory of postogola.
OnZ January 1972, the government promulgated the Abandoned Properties Ordinance. By this act, 72s industrial
enterprises and a large number of commercial establishments, vested vehicles and bther business ventures were
vested in the govemment. The Government appointed administrator for abandoned or taken-over establishments.
Adminiskators were appointsd either from that enterprise or from outside,.mostly the from ruling party. people
who had connection in high-up places became administrators of abandoned industries, mills, shopi and business
houses- virtually to become owners of those in collaboration with Directorate of lndustries or Management
Board. The newly appointed management of those establishments had kept good relation with workers untt tney
became owners, mostly by misappropriating ortlooting resources of the establishments. Thus new Bengaii
bowgeoisie emerged, taking the place of the Pakistanis.

On 26 March 1972, lhe Prime Minister declared a polici statement on nationalisation. All big jute and textite
industries and financial institutions - banks and insurance companies were nationalise'd. That includes thos'e
owned by the Bengalis. 14 corporations were formed to run those public enterprises. All nationalised and taken-
over onterprises were grouped into all these corporations. The nationalisation policy was in the election manifesto
of Awami League. Awami League endorsed l1-point program of Allparty Stud;nt Action Committee of 1969
movement where there was demand for nalionalisation of big industries, banks and insurance companies. The
new leaders of these enterprises, in most cases lacked skill and experience to run lhe businesses. Furlher, most
did not have commitment. ln many cases they were dependent on workers and employees to run the business.
Lack of experience and skill made them to do so.

On 31 October, 1972, ,adical section of Students League broke away from Awami League and formed Jatiyfr\i,_
Samaitantrik Dal. A division oI Jatiyo Sramik League followed this. Mohammad Sahjahan, President and RuhrlJfl'
Amin Bhuiyna, Joint-general Secretary of JSL joined Jatiyo Samaitantrik Dal while Abdul Mannan, General
Secretary remained with Awami League. ln both organisatjons League and JSL, pro- JSO group were
-students
majority. But, in no time, when govemment showed its fangs, things got different, JSD loosened its grip. Many got
afraid. lmmediately after JSD had been launched,rpara-military force Rakkhi Bahini and police started attack on
JSD activists like blitz-krieg, cordoned whole Teigaon lndustrial Area and swiped-up hundreds of trade unionists.
Ruhul Amin Bhuiyna was arrested and Sheikh Fazlul Huq Moni, Jubo League chief and nephew of Sheikh Mujibur
Rahman captured his unions at Tejgaon industrlal area. Similar was hippened at Postogola lndustrial Aieas
where pro-JSO activistshad support. Arrest warant was issued against other leaders of pro-..tSO's, JSL leaders.
Hundreds of trade union activists and foflowers of Ruhul Amln Bhulyna at Tejgaon could not join their iob for
persecution by Moni's mus'clemen. Moni was never a trade union activist; h! was an administrator bf two
abandoned printing presses at Teigaon and owner of a daily newspaper. He became President of Jatiyo Sramik
League, Tejgaon branch. This was a planned, pre-emptive attack on pro-JSD supporters to create panic so that
others restrained themselves from joining JSD. The Prime Minister personally asked JSL activists not to join JSD;
for defying this, they have to face severe consequence, he wamed. Many ofwho those joined JSD, withdrew their
support in fear of persecution-

At Tongi lndustrial Area, where most trade unions belonged to Bangla Sramik Federation of Kazi Jafar were
captured by pro-Mujib supporter Kazi Mozzamel, who was never a trade unionist and irony is that he joined the
military government after the death of Sheikh Muiib. Hundred of supporters of Kazi Jafar could not join their.jobsA\,
in fear of persecution and even had to leave their place for safety. ln many industrial area inter-union rivalries andY "
grabbing union conflict turned into parochialism, workers originating from different districts violently clashed with
each other. ln Adam.iee, curfew had to impose to stop violent riot.

A trade union alliance was formed among Jatiyo Sramik League (pro-JSD), Sangjukto Sramik Federation and
Majdoor Federation to oppose capturing of trad6 unions by progovemment trade union organisation using their
muscles and governmental power. Bangladesh National Sramik Federation was also joined this alliance after its
formation. On 1 May 1973, this alliance holds a big workers rally at Sohrawardi Uddan. There was another May
Day rally at Paltan Maidan organised by pro government trade union centre JSL. Significantly, May Day rally at
Sohrawardi Uddan was much bigger than Paltan Maidan. That showed that how quickly, even less than two
years, the ruling party and particularly its lrade union loosened its support.

In August 1973, pro-Chinese left tradc unionist Abul Bashar, Sirajul Hossain Khan, Abdul Mutaleb and others
amalgamated themselves and formed Bangladesh National Labour Federation.

Wages and Labour Policy

May Day was declare a national holiday. This was first time workers were enioyed a holiday on May Day and was
celebrated officially by the Govemment.
OnM a ay in 1972 the Prime Minister announced an ad-hoc raise of wages. Workers and employees drawing
up to 125 would get another Tk.25, those drawing wages between Tk. 126 and Tk. 225 would get Tk.25, those
d g between Tk.226 and Tk.335 would get Tk.'15.

minister Zahur Ahmed Chowdhury declared a labour policy on 27 September 1972. The main features o[
labour policy were:

1. Workers will parlicipate in rnanagement. A S-member management board will be constitute in each
enterprise and there will be two members directly elected from workers and two from management and
one from financial institution.

2. A worker-management council will be set up for discussion of day-today problems of the enterprises.

3. A wage board will be constituted for rationalising the wage structure of the nationalised sector.

4. Workers will havg a share of profit of the enterprise and governmenl should spell out the principles of
profit sharing.

5. Multiplicity and fragmentation of trade union will be discouraged and 'inter- union rivalry and conflict
stopped.
,r(e
ln the middle of 1973, an lndustrial Workers'Wage Commission (IWWC) was constituted. By this period, the
index of workers'cost of living had risen to 205 compared to 100 in its base year 1969-70. The IWWC
recommended a minimum wage-scale, which was 10% above the lowest category of pay-scale in the Pay
Commission for salaried staff..ln view of high inflation rate, the recommendation removed inter-industry
differentials where these were not justified. The Commission also recommended fair price shop for food
grains, sugar, edible oil, kerosene, lentil and cloth through ration at controlled prices. lncentive bonus was to
be paid for higher productivity beside one festival bonus" The commission also recommended assistance on
housing, medical facilities and introducing of retirement benefits.

Polilcal Unrest

ln 1974, political turmoil increased. Muslim fundamentalists got an opportunity to come back on board, when a
poem was published in February, 1974 in the Daily Sangbad composed by Poet Daud Haider about Prophet
Hazrat Muhammad, Jesus ChriSt and Lord Krishna. This fueled Muslim fundamentalists to agitate and get
organised. People were stunned-to see that when Julfikar Ali Bhutto, President of Pakistan came to meet Sheikh
Mujibur Rahman to discuss joining of Bangladesh in the Organlsation of lslamic Countries, numerous peoPle
gathered to greet him. Though, to counter that, there was a protest demonstration against Pakistan, aranged by
Awami League, but it was evident that it was stage-managed and had very little impact. The JSD, leading
opposition party, seeing that it had been losing its support and rightist politics was coming back, got worried and
,)i: took some hasty political decisions. On 17 March 1974, JSD held a rally at Paltan Maidan; after the rally, they
@ marched to the house of the then Home Minister to give a memorandum to stop atrocities of Rakkhi Bahini and
police. RakkhF Bahini fired indiscriminatcly on JSD supporters when they reached the gate of the house of the
Home Minister. Several persons were killed, many iniured and the leadership of JSD M.A.Jalil and A.S.M. Rab
and many activists were arrested from the place. JSD called a general strike on the following day. On that night,
police through out the country rounded up hundreds of JSb activists and their central office in Dhaka was
attacked by Awamy League activists and burned down. The general strike was foiled.

From the beginning of 1974, the country was in the vortex of political unrest and violence. Sarbharara Party of
Sirai Sikdar, in extreme left underground political party had also intensified its activities. Sirai Sikdar was arrested
and subsequently killed. Many people died of famine. The regime started loosing its ground' ln this situation,
constitutional autocracy was enforced through the Fourth Amendment of the Constitution on 25 January 1975,
with the passing of a bill of presidential form of government and single-party political system. A 'national' political
party Bangladesh Krishak Sramik Awamy League (BAKSAL) was floated, disbanding all other political parties that
did not join BAKSAL. JSL was the only trade union federation under that one-party rule: it was re-organised
comprising the erstwhile pro-government JSL and the TUC (the labour front of the pro-Moscow Communist
Party).

Military Rule and Privatisation

On 15 August, 1975, a group of iunior military officers staged a coup, killed President Sheikh Mujibur Rahman
and his family-members. Subsequently, commanders of defense forces took over the government and Khandoker
Mushtak Ahmad, a minister of Sheikh Muiibur Rahman's government, was made President. The changes
government were followed by a shift in economic policy as well. The socialistic and planned economic policy
the Mu.iib government was abandoned and privatisation process started, which was initiated by the succeeding
govemment of Ziaur Rahman. Privatisation started wilh disinvestment and denationalisation of state-owned
enterprises (SOE). All the governments till now have continued in the same economic policy. Under the military
regime of Ziaur Rahman trade union activities were prohibited. But, there was strike in textile mills. Labour unrest
was there at Adamjee, Tejgaon and other places against lay-off and termination of services. Workers were feeling
insecure when privatisation or closure of industries and services sector started. Pro-Awami League and Pro-
Moscow Communist Party CPts's trade union activists were in prison or hiding to escape arrest: the Pro-China
Communists and rightist trade unionists were un-hurt and in the field. ln this period labour unrest was low and
trade union activities were in low profile. The very low number of dispute in 1975 and 1976 was mainly for
political events. The significant jump in the number of disputes during 1978 through 1981 was due to the lifting of
martial law in 1978

The First Move Against Military Rule

Trade Unions were trying to be reorganized and wanted to raise their voices. They initiated a coalition of trade
unions to launch workers' struggle for trade union rights and normal trade union activities. Finally, nine trade
union federations formed a combine in named Sarbodolio Sramik Karmochari Sangram Parishad(AIl-Party
Worker Employee Action Committee). T h Federa on

'1. Jatiyo Sramik Federation o


2. Jatiyo Sramik League (Alimuddin)

3. Jatiyo Sramik League (Ahad)

5. Bangladesh Sang.iukto Sramik Federation

6. Bangladesh Federation of Labour


.

7. Bangla k Federation

8. Jati ik Dal

I yo Sramik Jote i

ese federations had submitted a 7-point charter of demands to the President on 22 December 1978

ln their charter of demands, trade unions demanded the withdrawal of martial law, withdrawal of cqnsorship in th
press, testoration of '1972 constitution of Bangladesh, repeal of Emergency Power Rules and Special Power Act
The particular demands conceming trade unions were as follows:

a. To withdraw restrictions on trade union activities.over employees of the government, autonomous and
semi-autonomous agencies.

b. To give back the rights to strike

c To withdraw restriction on organizing meetings, processions and the use of microphone in publicity
work and public meetings.

d. To allow the workers to elect their representative according to their choice and allow electing non-
worker trade-unionists in the union-committees to the extent of up to 25% of total committee
members.

To reinstate those in the service who were terminated from iobs for political and trade union activities
or by the President's Order No.g
Act and Payment of Wages Act
To amend all labour laws including Workers' Compensation 'n
consultation with the Action Committee'

s Toreoealtheclauseno.lgandamendclausesno.25and26ofLabourEmploymentof1965,sothat
povide notic€ to the emplover'
Jv"orkH/1mbj"r;t g"i.ufr"i""t time to
the conciliator officers to solve
h To make ensure all concerned
pa es'attendance when requested by
labour disPutes

i. Togetpriorapprovallromtheconcernedunionbeforeterminating/dismissingarlyworker/employees.
who
employment act' To 'aiJ
regularize those workers with all services benefits
To amend the existing
have been employed uno"'
*o* charge in govemment' semi€overnment'
un,i private establishments
"rtonornor" """ii-'ioirs
-n"ro*uriJitr.-,i
oimi'rt political climate' A process of
Thetradeunionalliance.arterSubmittingtheircharterofdemandstotheqovernmenthadstartedtheiractivitiesin
suooorr of their demands. ur, ,i,1, li"Y,,l'"^Li#"i"
"nv jou rn6 process of Privatisation of the economv
was
orivarisation was continued ;;;;'i"-,;t-ion ri#
"^d of power on 24 March 1982'
il#tril-;n";ih; iecona mititaf,-takeouet
formed trade union, student
a olitical to gi vo his rule a civil face a nd also
Genera I Ziaur Rahman formed P Party to form the political party'
c pe
and asan org anisation. Nationa I Security lntelligence ( NSI) was instru mental
Nation alist Party (Bangl adesh JatiYotabdi
Dal and other fron t org anisations.
was formed on 2
The trade union
MaY 1979
ion was named Jatiyotabadi Sra
mik Dal in line of its P olitical Party and
o
law' On 27
over power, trade union activities were once again restricted bY martial
After General Ersh ad took ordinanace'1982 This
Martial Law govemment p'o"r"i#'o''ilto?t'ili'n"r"t'"^!tn"gulation)
August 1982, the ihs ordinance restrict trade union
union
ordinance imPosed restriction on trade "",rn,"1]ii"lliri"g'iir;i""'or
activities
otherwise directs' there shall not be
any
4 choosinq of collective bargaining agent - (1) Unless the Government
JLiil"" i"iit of colleCtive bargaining agents'
"oting
o' or-such other authoritv as the
T.Meetingoftrad'eunion-(1)Nomeetingofanytradeunionincludinqameetingforelectionofitsexecutive
committee sharr be herd ,"'n""tii""ili-i-i.i:f;;iil-:iif:,oo*-'E*i
specrrv'
A;;;;;"i';;v' Lv notification in the official Gazette'

raka'
(2)Whoeverconvenesanymeetingincontraventionoftheprovisionofthissectionshallbepunishablewith
nn" *ni"n mav extend to five thousand
imprisonment for a term which d'*i,;"i',t;ffi;;,;;;il
or with bolh.
blishment shall be illegal
(1) All strikes and lock'outs ln any esta
6 B. Strikes and lockouLs prulriLritetJ -
any stnke or' as
r who commences, continues or otherwise ac ts in furtherance of
(2) AttY worker or emPloye may extend to two Years'
shall be nishable with impriso nment for a te rm which
the case may be, lock-out, Pu gladesh Gazette . Ministry of Law
may extend to five [h ousand Taka, or with both.(fhe Ban
or with fine which
30 August 1982)
and Land Reforms, Not ification, Dhaka'

submitted a 5-po''rt
G;'d"; llgaz, tt t"ij" ,nion t-ederations
Workerswereaqgrievedbytheordinance.Fulther,tllHywere.arlxitlttsttvero0vernmcnl.snolificatinnahoL,,
disinvestments ot ,"ny inorstriJJ:ffit 'luuinJrinirt who later on became the
tne chier'ilaiial utor oeneia-r-n.r'rr.ershad of
charter of demand or tno otii;;;;;;;;" stoppins disinvestment
Lo
President. rhe rocal poi|tts or dffi#;"1;#; i"p""i
at Tk'699/ per month'
industries and a risingot *'g"-iil"[on of ini"t'*"g"
the
that the Bangladesh's-to military 9ou9'nt"ll,11:-Yiolating
The a,iance atso todged comptain to lLo stating o|.g;nis" ov lndustrial
tlo convenrions 87 anO g8--rreejo;;;;;;;iril; ano tie"o"o?
*"r" ratiied by
Proclaimins
Bangladesh lLo sent a
alih iho;"
Relations (Regutation) oro,nonu"'"","igazl'
g";;#;;i "onr"ntionr
ioi'"*pr""rtion of i"'tiin conventions of lLo ratilled t'7
tetter requesring Bangtadesh
Ej""sr{-"^tl "trt,i"'ti
*"" the 69rh labour conference of
Bansladesh prior to the lLo't ;il;ffi;lii"J
="i'1,'".ii,niiiri a7 "t
""I""oi"J r;d'"trial
sa-oy p.l"r"iti^g Relations (Resulation)
ILO in June 1983 for vrotarron "io
ordinance, 1e82, which p,onioitla-s"trir<ls'Ino-to"ro,t"'
powers or the c(
*t 'hl].:lH,Jjll,,fft Bl'Ii,iiJil,"l"ri;tli!
;;ilil;,';i;"ngriou'"n had curtailed the
contrary to the spirit of ILO convention no. 98. The ILO also censored restriction on trade union organisations
for the'government employees, restrictions on the non-employee of any organisation to become the office
bearer or member of any trade union and some other practices. ILO had been censoring Bangladesh on
tnese particutar two issues for a long time and is doing'now also. Government employees hete are never
allowed to form trade union though they always have some sort of activities similar to trade union in the name
of association. lt is now quasi-legal but not recognised as trade union larvfully. The bar on non-worker of the
enterprise to become member of trade union or executive of the committee was there from 1978 imposed by
the military rulet Ziaw Rahman. lt was dectared in his labour policy, and lndustrial Relations Ordinance was
amended Lccordlngly. The ILO also pbinted out that the trade union activists were arrested and kept in prison
in Bangladesh wilhout trial.
job
After a series of discussion, 11 trade union federations prepared a s-point charter of demands to protect
and trade union rights. On 16 November1g82, Samajtantrik Sramik Front a federation of Bangladesher
Samajtantarik Oal also joined this alliance at the final stage of preparation of the charter of demands. This
allianie held a workers rally at Baitul Mukkaram, city center of Ohaka to press its tpoint demand on 25
November19B3. A labour convention was held in Dhaka to decide the course of action on 12 February 1984,
where trade union.6 all over the country were present and very strongly opposed governments' policy of
disinvestments of industries and demanded a raise on wage. The other trade union centers which were not in
this mainstream of trade union movement also joined the movement. On 13 April 1984, trade unions formed
a broader unity of 16 federations - Sramik Karmochari Oikya Parishad (Workers'and Emplojees'_Solidarity
Committee) in '1983. Now, Jatiyotabadi Sramik Dal, the trade union organisation of General Ziaur Rahman'Si
political party B.N.P, was in this alliance. Sramik Karmachari Oikya Parishad (SKOP) launched a series ctrt
Lction progrims, to press their demands including job security, higher wages, trade union rights and others.

SKOP calted a countrywide strike on 28 April 1984, to.press its' demands. During the previous night police
swiped up trade union activists and many were arrosted. Supporters of the rulers attacked the strikers at many
places to foil the skike. At Adamjee Jute Mills, a Trade Union Kendro activist Tazul lslam and others were brutally
assaulted, and Tazul succumbed to death on the following day on 1 March 1984. SKOP held a huge workers' rally
in Dhaka on May Day of 1984. Workers marched to ioin the rally from far Adamjee, Demra-, Po_stogola, Tongi,
Tejgaon and otirer ptices. At the rally, SKOP called for a 48-hour countrywide strike from 23 lo .24 May. On 22
Mji mid-night covemment and SKOP reached an agreement that a wages commission would be set up to
recorr"nJa new wage-structure. The wage board had lixed Tk.560 as lower ceiling of the wage in 1985. But, it
lvas only for workers df the public sector. Other important issues were job security in disinvested and
.industries
no furth-er disinvestment without consulting workers. The govemment however, did not respect this pad of the
agreement. There was atso agreement thaf the govemment would form a commission to draft a democratic labour
te-gistation, but that atso was not done. Nevertheless, this was for the first time in the history of Bangladesh that
thi working class built up a united movemenl with genuine trade union demands and became victorious

SKOp went on pressing for implementation of the accord they had with the govemment by organising workers'
rally or occasional strik; but could do little- Around this period of SKOPS' activities there was political movement ,

for'restoration of democracy--free and fair election. Poiitical parties were grouped in two alliances. One led by45;
Awami League and other one by BNP. These two alliances suPported the SKOPS'demand' l'r'
General Ershad was out of power in the face of countrywide agitation against his rule in 1990. ln
199'1, BNP
under the teadership of Khaieda Zia Widow of slain Generai Ziaur Rahaman came to power after a general
promised to fullril SKOP'S demands those were
election. After coming to the power Prime Minister Khaleda Zia
democratic labour law and a wage commission.
Justifiable". She formld a commission to draft a comprehensive
iabour law commission had submitted its report on 1993. Trade Unions had reservation on certain clauses of the
'draFt
law. Trade Unions complained that there was no provision of central federation, no provision for national
,iniru. *"g", the bar for non-employees of the enterprise to become member of trade union and executive of
memorandum to Government- There
the committei and on many other issues in draft laboui law and submitted
*as-i"uerat meetings drafi labour law between Government and trade unions and also tripartite meeting of
of discussion
Govemment, employlr and worker. Some alter and addition hdd been made on the draft after series
t"" v"ari u'rt remains
r"i i""g-contrary still as draft or propose labour law. lLo also censored the draft labour law, they
found or lLo convention Bangladesh ratified. The committee of Experts on the Application of
Conventions and Recommendations (CEAbR) prior to the labour conference of ILO on June, 2005 had requested
r"port on tt," Orrn labour law that "ThL Commitiee requests the Government to transmit a coPy of the draft Labour
Code and trusts that the process of amending the Labour Code will be concluded soon and that the
legislation will
with the requirements of the convention no.87." Ail the governments came to the
be brought into full conformity
power tili now had promised io complete the process to bring the labour law bill to parliament. But the labour law
cornmission's report till now kept in the self.
ln spite of assurance and agreement between Government and SKOP the privatisation process was on. ln order
to make the privatisation process of SOE's faster, the government formed a new institution called the Privatisation
Broad in '1993, and in 2001 the Pritavisation Board was reconstituted. lt emerged with a new name the
Privatisation Commission and more executive power. The Privatisation Commission was entrusted with the
responsibility of privatising SOE's identified for privatisation. A govemment survey from the ministry of industries
among the disinvested industries has found a few of them are only running fully; some are partially and a large
number are not functioning at all. Work force in those industries has drastically reduced. The leading sectors like
jute and textile, where traditionally trade union movement was strong, got weakened due to loss of iob of thel;
members.

National Minimum Wage


At present, the main agenda of the trade unaon movement is a National Minimum Wage. But, there is tremendous
opposition from employers against fixing of a nalional minimum wage. They argue that it should be sectorwise
and not national and shoutd not cover all. There are many sectors where employers have no ability to pay such
minimum wage, they argue. Trade unions opinioned that National Minimum Wage has to be looked upon as the
basic right to get the minimum requirement for leading a healthy working and social life. This will have to be
unilorm for alt. They.further argue that labour is not a commodity. lt is both input into production as well as t1",.:
object of production. Minimum wages are signal to society that this is what is expected, and nobody will be short
of. lt is also a very important incentive for business to upgrade; for, certain wage structure imposes upon
employer comoetitive hioh roads bv cuttino waoes anu deoradino working condition. Trade Unions also demand
that there should be regular adjustment of wage with the inflation rate.
.O
The National Minimum Wages are the wages that employdes have to pay for any job and cannot pay less at any
circumstances. This is the right of a worker, a human right of a worker. This is rock-bottom wage; workers can get
above, but not less than this. This is the wage that the state fixed to ensure that her citizen can get certain amount
of money for his or her labour for living, and cannot be exploited under any circumstances. Mosl countries ha'.'e
such, eiiher it is fixed on hour, weekly or monthty basis. We had also similar law, The National Minimum Wages
Ordinance, 1969. But, this taw was not endorsed after the independence of Bangladesh: They did not Feel the
necessity of doing so, though other labour legislations were enacted for most industries and establishments that
the government owned, either nationalised or taken over. ln Pakistan, this law exists and they have a national
minimum wage.

The Government had formed Minimum Wages Board for time to time to enhance wage for her employees. As an
employer, the state did not need such law. lt can pay its employees as they like and can negotiate with
employees on it. The need of a National Minimum wage was felt from the beginning of the eighties whe r

privatisation process started.

Matathon of Agreements
Since 1984, subsequent governments have signed at least six agreements with the SKOP. ln these agreements'
governments set a deadline to form a commission to fix national minimum
wage. But, most ctauses of the agreements have remained unimplemented, including that of the nalional
fti-'(' minimum wage. And that led the SK6P for repeated mov6ments, only for lhe vicious cycle to continue in the form
of penning a new agreement that is again not followed in either letler or spirit. The last agreement, penned on I
laiuary iOU, statea that the government must declare the minimum wages within four months of the agreeme" '.
Workeis have been demanding for the national minimum wage for decades, since Air Vice-Marshall Noor Kharr's
commission in 1969 declared the last minimum wage.

Though, for public sector workers, after 1984, wage boards were constituted twice, and they got rise of wage, but
private sector's workers never got a minimum wage. A wage board for workers of the public sector had declared
its awards in the early eighties following the 29-point agreement signed on May 21, 1984. ln that agreement, it
was stated that effective measures would be taken to have a minimum wage for private sector workers. Bul, even
, while increasing the wage of public sectors' workers, it uras penned that the government desired that privatL'
sectors would follow tha rise. But, it was only a dcsirc,-and could not be mandatory for private secl'ri
ilso
employers, and nowhere it was followcd. The next agreement, signed on December 21,1991-- when BNP was in
government, also expressed the government's commitment to declare the national minimum wages. The
lubsequent agreement on July 6,1092 bogan with words,'The government must declare a national minimum
. wage within two months."

The agreement signed on 20 January 1998, during the Awami League government, also pledged to declare
minimum wages soon. Another agreement signed on 19 July 1999 said that the goverhment would declare a
national minimum wage for all woikers irrespective of the mode of ownership by October 31,1999 by enacting
appropriate laws. Finilly, in the last hours of her Prime Ministei ship and less lhan a week before of leavi'i
power, Sheikh Hasina signed the order of minimum wages for all and gazetle it on I July 2001 and ggvernmen'i"'
notilication was published in the newspapers on 10 July 2001, which went unnoticed by the public: for, the country
was heading for a general election. The announcement of minimum wages was ranging from Tk.1200 to Tk.1350
for private-sector workers. The minimum wages of worker in small industries was fixed at Tk.'1200, for medium
industries, Tk.1250, and large-scale industries, Tk.1350. Small industry has been defined as where at least 10
woikers are employed. An industry where 11 to 49 people work is medium industry, while 50 and more is a large-
scale industry. But, if any worker now gets more than the minimal, his/her salary by no means can be curtailed.
This government notification will not be applicable for agricultural and domestlc labourers.(The Daily Observer,l0
July 2001)
Employers filed a case against the government order of the minimum wages, and the court declared that the
arbiirary decision of the government was not lawful. The Minimum Wages Ordinance, 1961 do not cover for
national minimum wages. The ordinance only covers individual sectors and not all workers. The government
should pass legislation for national minimum wages. Moreover, the government did not constitute any board
where employeis' representative should be present to recommend national minimum wages. Till now, the present
govemment has not taken any initiative for fixing minimum wages and pass necessary law for lhis, except
referring this to the Minimum Wages Board.

Last and not the least, the BNP govemment of Khaleda Zia asked Minimum Wages Board to fix minimum rate of
wages for all. The board again submitted its recomrRendation to govemment in March 2004. The wage-
recommendation was only for organised sectors. This will cover only 85 hundred thousand workers- lnformal
sector workers were not included in that recommendation domestic and agriculture workers, around 50ki.
-
thousands workers being there. The Wages Board recommendations were for the enterprises where workerll'/
were not more than 10, will get Tk.12OO and: where they are not more than 50, they will get Tk. 1250, and above
50, they will get Tk.1350. Tride Unions, though, were not happy about the recommendation for wage rate which
was very low and did not cover informal sectors, however, they would like to have at least workers get some
protection trom the law and government. Till now, govemment has not proclaimed national minimum wages rate
and enacted proper law for it.

Minimum Wages Board


Almost all countries of the world have regulations to fix wage structure. Wage is fixed generally in three ways:
firstly, through negotiation between the employers and the employees; secondly, through agreement between
tradi unions and the employers and thirdly, through the law of govemment. The last one is that of government
intervention through law to fix the minimum rate of wages. ln Bangladesh, the minimum wages board under the
Minimum Wages Ordinance, 1961 is to lix minimum rate of wages for different sectors and different categories of
workers; government asks the board to do so on lhe basis of its policy, GDP, market price of essentials and
standard of living. But, it is the govemment who will take the final decision of fixing wages based on
recommendations of the board.

The board as per its section 3 consists of a chairman of the board, an independent member- generally drawn from
experts, a repiesentative of the employers and a rePresentative of the workers.

Till now, minimum wages board has fixed minimum wages rate in 38 sectors. But, enforcement is so poor ttrat it{lii
has little effect. ln moit places, the employer does not implement the award. Any person who contravenes any
provision of these rules stratt ue punishdble with fine not exceeding Taka five hundred, section 22 of the law said.
ihe law does not provide for sufficient enforcement measures: line of Tk.500 iS very negligible.
EPZ, Readymade Garments and

violation of Trade Union Rights

The government policy was in the past and present to encourage foreign private investment in Bangladesh mostly
policies in favour of
in th; industrial sector. To attract foreign investment, govemment has devised many soft-term
the foreign investors, including settin! up of Export Processing Zones. Foreign investors, mostly multinational,
invested-here in main for the domestiJmirket. Since the local market is not so big, foreign investors are not much
interested in the local market. Rather some big multinationals put of their operations, due to unequal cohpetition
*ittr focaf investors. The competition is unequJl because local investors can minimise electricity and gas rate and
tariff in alliance with concerned officials, which they can't or are not willing to do. Salary and wages of the
employees are much less in these industries than in the multinational organisations- To increase employment,
revLntie, and transfer technology, policy-makers in the govemment ventured to frame the strategy
export-
pioiu."ing zone. lmport Outies foi'tnisnea products as well as raw materials were gtggp. The basic ob.iective of
ih" policy framework was to promote self,eliance. Exports were encouraged primarily to meet the
"coniri"
foreign exchange requirement of imports through adequate value addition.
Except in ready-made garmenls industry, it did not work. In garment industry it worked for different reasons--
sewing and stitching are done by cheap labour. These industries, in fact, are just contractors of labour.

It is clear that for export to be economically viable in the competitive market, the mere framing strategy, that too
one with a narrow perspective was not enough, Therefore, direct support measures such as cash compensatory
support, duty drawbacks and other schemes were introduced over a period. They were aimed at placing domestic
investors on a level to compete in international market. lt was realised that export is quite different thing than to
produce lor local market-price have to be competitive, quality has to be of international standards and deliveries
schedules has to met strictly.

It is in this backdrop that the Export Processing Zone IEPZI scheme was introduced. ln 1980 Eangladesh Exq9.!t
processing Zone Authority (BEPZ I and Foreign Private lnvestment Act were passed in Parliament. ln 1983
Chittagong Export Processing Zone went into operation. The second EPZ was established at Savar neat th.)
capitaiciti Dhaka in 1993 ani three more zones are underway to set. lndustries in the EPZs'are allowed duty-
free import of raw materials and other components, and they do not have to pay excise duty on local goods, and
are eliqible for tax holidavs. The difference between hundred percent export-oriented industries like garments
industriies and EpZ units ire that exportoriented industries are given location freedom and they enioy duty'free
incentives. As for incentives, while imPort of capital goods, components and raw materials were permitted and
exempted from import duty, finished pioducts were also exemPted ffom.excise and-other puties. Export-oriented
garments can import cloth;s and mat,erials, which is usually suPplied by importers of readyimade clothes by back-
te to-back letter of credit without paying tax and duty.

At.the beginning of the 80s" export-oriented garments industries emerged. And, now the number of employment
there is n-early i3 trtn. work-force most'iy are women and not organised in trade union. The employers do
"nd of trade union
not allow workers to form trade union. The Mi;istry of Labour is suspiciously silent about violalion
rules. The government has also forbidden kade union activities in EPZ's (Export Processing Zone). Now,
govemmentis having pressure from the USA and also from the ILO to open up trade union activities at EPZ'S'
lndustries in the EPZ'S are allowed duty-free imports of raw materials and other components; they do not have to
goods and jre eligibie for tax holidays. The idea is to create an environment that is
fay excise duty on local to invest there' and it will
Londucive to facing compJtition in the eiport market, so that investors will be attracted
Almost all EPZ's elsewhere offer similar package io
increase employment, revenue and technology-transfer.
foreign inveitors. Now questions are: how much local employment is being generated by these industries in
port and
EpZb and how much transfer of technology has taken place in reality from these industries? How.much
oihe, cnarges have we received from theri, how much profit sharing cou1d. wg Takg.froT them? Till now, existing
two EpZ,s-employ less then one hundred tirousand workers and most of the industries here are textile' shoe and
other small-siale industries where small number of workers are employed and no high- technology is adopted.
etc'
But, Bangladesh is offering these investors remarkable amount of land, power supply, infrastructure facilities
end, bes'iOes these, the government prohibited trada union activities at the all Export Processing Zones and
cxcludcd tho:;c from the tra(le union laws to organize and form uniOn and barqain. Owners of industries irr EPZ's
have shown scanty regard for labour laws of th; land as well as ILO Labour Conventions ratified by Bangladesh.'

.6 On 14 June .19g9, the goverDment issued lnstruction-1: in that instruction payment of wages.and allowances of
workeB working at EPZis were mentioned. But, there was no mention about working hours, either daily or weekly
or monthly, and= also about overlime work. The clause 12, however, mentioned work on festival holidays. ln that
cases woiker wlll get beslde Iull wage of the day, t\,ro{ays' compensatory salary for the work. But' there was
no
mention about whlt rnilt hapen if woikers want t; have in alternative day off against wgrk festival holiday. The
9Jt
instruction also set a rule on termination of peimanent and temporary workers, which will requke notice of
120
pay wages of those days. But, workers, that are apprentice and.contractual will not come unde'
and 60 days or to
this inshu;tion. Woridng nou.s for women workers Or children were not mentioned here, nothing even about
under the
children's age bar. These instructions were in lieu of that exemption of some labour laws of the country
Act,1965; lndustrial Relations Ordinance' 1969;
eepZA nctlano those are Employment of Labour(standing ordeO
tSSS.leeeZn ect,1g8o:clause-11). From 1994, the United States
Factories Act 1923 and Fire Servite Ordinance,
rights in EPZ'S They
of America has been requesting Bangladesh government repeatedly lo restore trade union
threatened to withdraw CSp facilitiei givefi t; BJngludc:ilr il lrutlo union rights are not given to EPZ'S. On tho
other hand, invcstors in EPZs are thireatening, if trade Union is allowcd in EPZ's, they will withdraw their
investment. A report o! ILO on EPZ's in Bagladeih says thatit is not logical not to give trade.union rights in EPZ'5
injear of withdrawal of investors. lnvestors also threatened in Malaysia, Philippine and Singapore to withdra'/'
their investment, but ultimately they didn't.

Now, the question is why should trade union activities be prohibited there? The government cannot restrict human
righti of iti citizen for the sake of foreign invastment. Moieover, this is not the only condition that invcstors need
p;ace and non-disturbance in worke[' relationship wlth omploycrs will certainly attract foreign investors, but
foreign investors also need congenial atmosphere, infrastructure, good banking, commlnication- support ant1'
faciliiies. And, those are more importani to them than the benefit of no trade-union-activities. Sporadic.violence
ind @bour unrest occurred in different units of EPZ's in spite of complete absence of trade union activities.
Workers working in this enclave economy of EPZ's have to work for 1O to 12 hours daily, beginning from 7.30
a.m., and withoit any overtime altowances. Workers working here are deprived of basic human rlghts, such as
I
houls of work, weekly rest, festival holiday, annual and other leave facilities as the Factories Act provide. They do
not follow the laboui law provision, nor do they have any service regulations or codes of conduct. They treat
workers in an autocratic manner for which reseniment exists amongst employees of many industries at the EPZ's.
Employers treat them like bonded labour getting protection from the government, and working.at a big
prison
suriou;d"d by high watts and guarded Uy iecuriiy forces. ln no civilised society, fundamental rights are violated
ihe way it's donJ f,ere at EPZ's. They do not follow the equal opportunity Policy, and discriminate between
employles of the same category in respect of salary and promotion'in an autocratic manner' i

Trade Unions in Bangladesh obviously demand trade union rights at EPZ'S, but this demand is not so strong from
ihem, for trade uniorirights are not thlre outside of EPZ's evin. Almost no garments industry allowed workers to
garments
form trade unions, though there is legally no bar to do thaL Under pressure from donors and importers,
manufacturer associatioln has formed a so-called consultative committee with so-called workers' representatives
to resolve workers-related matters. Of late, several intemational human rights and trade union organizations as
well as donor countries have expressed deep concem over violation of trade union rights at EPZ'S. Especially, the
trade union organissation AFL-CIO of the USA is very vocal about this. The USA and other donor countries urge$,
governments io observance of core international labour conventions in all enterprises, particularly av'
"nsrre
EpZ's, anO threatened to withdraw trade facilities they have given to Bangladesh. Under the threat and fearing
dangei for ready-made garments export industries, govemment tried to allow limited trade union activities at
EpZ-s. But again, ownerl of the industries there opposed it, as this will be violation of contract between the
govemment and them.

Labour Legislation
.

From the period of the British colonial rule, till now Bangladesh has many labour laws, rules and resolutions,
legislated and declared by government at different times and periods. Often many laws and rules contradict each
other.

Example can be cited about definition of labour, it is not the same in every law, it diff-ers in Employment of Labour
(standing order) Act 1965, tndustrial Relatlons Ordinance, 1969, Shops and Establishment Act 1965' Factories
Act 1965, Wages Act 1936, Workmen's Compensation Act '1923' etc.

lRo, Section 4 (B) provides that President and General secretary of a registered trade _union's. workplace cannot
be transferred fiom one place to another, but the Public Corporation (Management and Coordination) Ordinance
1986 provides a worker of Government corporation (Autonomous Body) can be transferred.
, r^r\^.., r^,^,. r,^ rh^ El, ich .^.1 p.kictan periods.
Bangladesh inhents as many as zl4 labour laws from the British and Pakistan
five COre labOUrS\
ncriorls ln 1965 fiv
Establishment Act and
laws-like The Factories Act, The Trade Union Act,: lndustrial Dispute Act, The Shops and
with the
ine erpnyr"nt of Laboui (Standing Orders) Aci were repealed and r*nacted. Again, in accordance Act
the.Trade Union
Laoour irolty of 1969, the lndustriat-Retationi Ordinance i96g was promulgated repealing
'l-ime-to-time review of the labour
Dispute Act of 1965. There were several amendments in lRO.
"^J-f^orrtrii
taws anO regulatory framework apparently rqveals lhat Bangladesh has quite an impressive series
of laws for
proLction oi the wort<ers relating to working envkonmeni, working conditions, _ compensalion for accident,
ii5gtitit, death, discharge, dismisiat. terminati6n, retrenchment, lay-off, lockout, and maternity benefits'

A labour law commission was formed in 1992 to draft a unified, comprehensive, single labour code. The
commission submitted the report to the govemment in June 1994; the comrhission. report has not yet been
their
prOiiin"O *J Jnacted in Law. The tradi unionists who waie members of tha commission had expressed
".t
iisappro"a of the report and raised objection on cerlain clauses of the report which will restrict the trade union
activities.
and io organise' The law
Some articles of the proposed laws severely restrict the rights of workers to associate
new unions. Existing trade unions
*iri o"stroy"o most oi the existing traoe unions and make iivery difficult to form
of the draft law. lrony is' it was the
will not be recognised and witt rieJ io be registered under [he new rule
law more
JemanO of traie unions that a Law Comirission shall have to be formed to make labour
the proposed law
iorpr"t democratic anO to piotect the rights of workers.. Now, trade unions have found
"n"lu",to them and previous laws were better compared to the proPose law'
is unfavorable
{ the followjng:
The Workman's Compensation Act,1923
Children (Pledgin9 of labour) Act, '1923
The Payment of Wages Act, '1937
Employer's Liability Act, 1938
The Minimum Wages Ordinance, 196i
The Shops and Establishment Act, .1965
The Employment of Labour (Standing Orders) Act, 1968
The Factories Act, 1965
The lndustrial Relaiions Ordinance, 1969

These laws, on the whole, provide the basis for classification of workers, and determine the working conditions
applicable to them like leave facilities, paymenl of wages and other benefits and also ways of teimination of
employment, including procedures for adjudication of grievances.

The Structure of Trade Union

lndustrial Relations Ordinance, 1969 (as amended up to date) is intended to regulated trade union activities
permiting workers to organise themselves into trade unions. The trade union is reqiired to be registered with the
/..- Registrar of Trade Unions. The trade unions in Bangladesh may be divided in structure into three categories, first
'A is basic trade union - a primary organisation of workers al their working place. The second is thC lndustrial
Federation or trade federation composed of a number of basic trade unions related to the same type of industry,
such as Jute Workers Federation, Textile Workers Federation, Garments Workers Federations: and the thkd is
National Trade Union which is federation of basic unions inespective ofjob categories. A National Federation may
be constituted by two or more basic trade unions irrespective of trade. Apart from these, there is Craft Union but
not having many. This is organised craftwise tike Railway Karigar Union, and union of engineering department of
Bangladesh Railway or Biman Cabin Crew Union.

Non- employees and non-workers can not be elected to the commlttees of a basic trade union but can be elected
to the committee of lndustrial Federation and National Federation. They cannot, however, more than 20% of total
number of committee members. Under the rules, no unregistered trade union or federation of trade unions can
function as trade union. In case there is only one regisiered trade union at an establishment or a group of
establlshments, that trade union is deemed to be a collective bargaining agent for that establishment oi group,
provided it has a minimum membership of one-third of the total member of workers employed in the establishment
or group of establishments. ln case there are more than one registered trade union, upon receipt of an application
from any trcde union or management of the establishment, the Registrar of Tiade Unions determine the
bargaining agent thrqugh secret ballot for a period of two years. But, the, have to get minimum one-third votes of
the total number of workers employed in the establishment or group.

There was no restriction in the past for non-workers to be member of trade unions: restriction came when the then
@ military government had amended the lndustrial Relations Ordinance on 26th July 1980. Tradition and history of
trade unions of Bangladesh is always that non-workers took leading role to organise the trade unions. lt is always
social or political activist who organises the trade union. The neighboring countries of Bangladesh, like Sri Lanki,
lndia and others have no restriction on it; onty proportion of committee members from oitside is defined. ILO'S
conventions also do not have any restriction on outsiders. ILO is complaining about this provision in IRO: there
was serious discrepancy between the national legislation and the Convention -87 of lLO, the committee of experts
on the apPlication of convention and recommendations of ILO found.(lnternational Labour Standard Department,
rLo)

Trade unions have to submit an annual statement of its income and expenditure, assets and liabilities in the
prescribed form to the Registrar of Trade Unions; the changes of office bearers should also be intimated to the
Registrar of Trade Unions.

A person shall not be entitled to be a member or officer of a trade union formed in any establishment or group of
establishments if he is not actually employed or engaged in the estab,ishment or groupof establishments.

Registration of Trade Union

For registration of trade union, the applicants have to apply to the Joint Director of Labour and Registrar of Trade
Unions, fulfilling certain requirements and procedure. For lndustrial and national federation or national unions, the
National union means\-
office is responsible for registration. The \
Director of Labour and Register of rrade Unions orn"o
as banks'
those who have members throughout the country - such 'uit*"y "ia
Up to 50
The trade union executive committee shall consist
of 5 to 30 people' depending on its membership are more
where there
ano 30 persons witl be. on the committee
members, the committee *irr .on.i.ior1 i"rsoni
than 5O0O members.
in prescribed
all data about membership of proposed.union- form a trade
The applicants for union registration have to submit to
form and also the register ,#;#ffi,;e;ilii;n oitn" ,n"ains;t'"i" o!"i"i,i" was taken with application'
of the union along
"f
union, lisr of committ"" .".u"r.,'riliLi li""iriri"iLt-.u"rs
ano.ttre co"nsiitution
-obiects
trade union has been
for which the
The constitutions should provrde t-h'e- n"a.e or the lrade
union,
the maintenance of a list'of
estabtished, purpose for which th; fr"; of a trade rnion s6-a-il o" ,pplicable,
;;;r;i in an industry or
In"rr oe person aciuatty or emPloyed
rhe members of rhe rrade *ion."trY"''aiffi.!oi "i*i," of the trade union'
payment oi sutscription-uy members
estabtishmenr wirh which the rr"d;';;;;;;;;nected, lhe manner rn
tiade union shall be appointed and removed'
how the executive ano ttre ottrer oifiie--0."i"* oi tnu mav be
which rhe rutes sha ou rr"no"i,'""#ffff;ft;;nt iuoii,inemanner in which the trade union
dissolved.

'*ages,
TheState-ownedManufacturinglndustriesWorkersordinance,lg85restnctscollectivebargaininginthe medical allowance'
teave, house rent, conveyance allowance,
nationalised sector on ."rt"in i.jrur-rit" the lndustrial Relations,
and provident fri;il; ano oJii,an""i'provide that
festival bonus ",iiill "init.
5rJinin"" 1969 sh;ll not apply to certain establishments'

The Employment of Labour (Standing orders)


Act 1965
layoff and
of work by employers for certain reasons' this Act'
The Act covers workers' leave and holidays' stoPpage or.sri&a;ds of industrial workers' Beside
rockout, procedure ro|, ,"tr"n.nrJnll i#;J;i;;'J"iil;';nt g-Oi ti" f"itnO Water Transpbrt (Regulation of
rhere are other similar Acts like #'$;;-,-nf,
Eiiablishment Acti
workers
*" or-ilrc"l Act 1974 and the Dock
Employmenr) Acr 196s,
Employment) n", ibdo'' in"t"' aits
""J.i"OEiE.ip'.v""i"ili.o'iri"n
regulating *"tk; ;il employees of those category
its
of
own
.(Regulation
shop o, or industrial eitablishment to have
establishments is not obligatory on the part of any
is6s. nccoroins to section 3(1) of the Act'
"or."ril"l an\
standins orders under rhe #;iififii';tju*i'l.t or emptovment oi *oit6rs ot any
ct'ss there of' but no such
establishment, may have its own rules and regulation provisio-ns ii inis' So tnere-is flexibility' employers who
rules shal be less favorabte to ,no*", otier than tne rules to their needs But
wish to frame rheir own ,r,".
"nv iri"ii t"."ao.'ieLi" o, mooitv anv of the workers
"#'d;:;:;";;jr. in it" t"-! conoitlons'ot employment
they have to maintain a general';t;;;;d oi-,jnitormity in" s"-*i"" nrr""
"no or standing orders have to be
and condirions ot u.proyrn"n, iii #; ;r:dtil;l"i.- for approval'
submitting to the lnspector of Factories and Establishment

iii"i,-;;,,l it looks like heaven' but realitv


Thelawsdiscussedaboveshowsalotofgoodsetoflarr,s-in.favourofworkers.But.inpraclicelabourrelationis i:ss
very bad in Bangtadesh- on" rrt *i r".,t-"r, while commenti"g;;
worse than hell.

Moreover,byimposingEssentialserviceActthegovernmentcanbanorsuspendalltradeunionactivities'strikes
arrrJ bargaitt.

the legal powers of the


;;;ti"g"' sttiri'sl'JtJ in'i increased
Underl.helaw,allthsl.radeunionactivitiesaretightlyconkolled.byth6oirectorateofLabourfromthereqistration
or union to normat union u"tiuitiuSlii'"'lJ"i'-nis:
Ministry or Labour. and .,rnu""tiJoti'lv'iiJ#pd*"i"J 'i*" tr''" i;; ffi;' iince att normal functions and
unions cannot e\' :']
(such ,n. ?[ii'io"#il;i;.i ;r" strlctty conirotteo or even denied were
bargaining strength
"" t"itinution' demotion' etc ' as all these
ouestion rnanasement on worxell?lL&"1fi;'iil;;;'r"'' is given alrnost absolute
considered managemen|s pr"rd;il;;;;;-inl n"l nlis means inainianagement
pretogaiiue extended from recruitment'
control over a
labour -procesrJl"ri"tn" *oriplace. Uanagleme-ntf
jou'oeiqnlti;" ii;" diminished the possibilities for
j oromorion, rranster (exceprins il";d'";;;ii";;iano To seek redress on this grievance'
.,"p" lJrir]n"iio"n oi *ori"o uy tneir
I
.!
unions to fiqht injurious o|.
ro be brousht to the ch,
'#;;il;'il;;"io|' raboir or to the Labour court
oi oii,i"ior ot ""motov",s.
rhey had
l
I
, strength and weakness
I trley can larnch
l ' --r r'i^
being registered' ^^^r! federation has strength thateither'
No centrAl
I As many 23 central federations till now such org"nil"ii;i;-;t rtn'n"iut t"t--o""" Almost alF
nation u,/ide srruggte independ"riir. itLv J"-"rtiave too" ,"ioili"o!'tiv b"p"'o on support and financial help
potiticat party has a trade ,nion. Xi #"":"#;;i;i;
1
I
I't I
from the political party. That is also a reason that the ruling partys trade union center has much more
affit,;:te
unions than others. When there is shift of government will be shift in affiliation also. The trade unions here .jtso
depend on suPpori from lnternational TradtUnion Federation and Foundations. rney geirunos riom-
tnternational
Trade Union Federation and Fbundations for holding seminars, publications ano otfier activitiei.
fhe get free
passage to go abroad to attend seminars and meetings. The foreign visit is so frequent for
some trade union
leaders that they are almost occupy with anangements of travel procure visa, preparing seminir paper
others and left hardly any time to do trade union work.
- and

This becomes an lmportant aspect of trade union movement here. An example can be sit here,
Jaliyo Sramik
League, labour wing of Awamy League has recently took affiliation of lnternational Confederation of Trade
Uri.,n.
Formedy it was with former Soviet Union led W;ld Federation of Trade Union. nbolish oi Soviet union and
sodialist state in eastern Europe WFTU had losl its rRembership and resource and now.not in a position to offer
tiade
free air ticket for foieign trip and offer hospitality in Hotel Metropole or Hot;l Ukrine,or at least in
owned Hotel Sputnik in. Moscow to its affiliates in developing countries. Though AL chiaf Sheikh Hasina took
union,s
personal initiative in the beginning of eighties to get SL affiliated with WFTU; SL did not tost no time to shift to
ICFTU.

Though there are mounting pressure for trade union unity from the workers, the trade union movement, initially
set up as an extended hand of a political party; continues to function more or less as an extended hand of .:re
political party of its affiliation.

o
LABOUR
(BILS Joumal)
January- June 2006

.@
Aul^J- bn,/.n
@"4 f/r, Cpr"'/b"l voa.9f h
/k Raa N-,rr/ilen AB

/'Al,* *,,2 h
t; rk,<ng
"f- L/ (
L\dt^Lrt/-,.Y)
f

Potrebbero piacerti anche