profession, 18 and the profession of garments workers plays a very important role in socioeconomic and political areas with Constitutional support.
The workers of the country have been given several fundamental rights in terms of freedom,
equality and justice under the Constitution. Article 34 of the Bangladesh Constitution prohibited
of forced labour. 19 Labour rights are associated with freedom of movements, freedom of
assembly and freedom of association which are accordingly encompassed by arts 36, 37 and 38
of the Constitution. These articles demonstrate the power of “we” i.e. the recognition of Trade
Union (TU) to realise rights of the workers through standing in a common platform. Before the
Labour Act, 2006 the practice of TU was noteworthy engaging collective bargaining but the
2006 Act imposed de facto restrictions with tougher conditions for such TUs. The Amendment in
2013 in the Bangladesh Labour Act, 2006 has eased the complexity of formation and running
TUs but the past wounds will take time for recovery. All labours of Bangladesh have been given
the right to movement and assemble for participating in public meetings or processions in a
peaceful manner subject to the legal restrictions, public interest and public health.20
Labours of Bangladesh have the right to form trade union for claiming and bargaining and their
rights to the employers. Article 38 of the Bangladesh Constitution has given the right to form
trade union. This Article articulates:
Every citizen shall have the right to form associations or unions, subject to any reasonable
restrictions imposed by law in the interests of morality or public order: Provided that no
person shall have the right to form, or be a member of the said association or union, if- (a) it
is formed for the purposes of destroying the religious, social and communal harmony among
the citizens; (b) it is formed for the purposes of creating discrimination among the citizens,
on the ground of religion, race, caste, sex, place of birth or language; (c) it is formed for the
purposes of organizing terrorist acts or militant activities against the State or the citizens or
any other country; (d) its formation and objects are inconsistent with the Constitution.
The Commitment of Bangladesh for promoting garments workers' rights also devolves from both
national legislations and its ratification of several international treaties basically of ILO
Conventions. Bangladesh ratified the International Covenant on Social, Economic and Cultural
18
See art 40 of the Constitution of Bangladesh.
Note: Section 374 of the Penal Code, 1860 has provision for punishment of the employers in case of forced labour
but the penalty is negligible.
20
See generally arts 35, 36 Constitution of Bangladesh.
19