harassment at workplace etc. But due to lack of enforcement and other shortcomings, as
mentioned above, the law loses its efficacy. Hence revitalization of the labour law is necessary39
Currently in one of the public interest litigations relating to the Rana Plaza disaster, the High
Court Division (HCD) of the Supreme Court has directed the setting up of an expert committee,
under the General Officer Commanding of the 9th Division of the Bangladesh Army, and
comprising economists, social scientists, healthcare experts and others, to propose a set of
criteria for assessing the rates of compensation due to Rana Plaza victims. Their proposals have
been submitted and are pending consideration by the Court.
In Chapter XIII the scope for trade union for workers and employers and maintenance of
industrial relations is not beyond question as it lacks ILO standard. Although section 176 to 190
deals with the conditions of trade unions and its functional procedures, it is facing difficulties to
form and make the trade unions functional by the workers representatives. From employers’ side
the right to trade union is stronger than that of workers. In fact, everyone has the right to form
and join trade union to protect his interests. Trade union right is the key to workers all human
rights but in the Labour Act, 2006 the tougher provisions for trade union is a cause of concern
for realizing the rights of workers under an organized platform. Unfortunately, garment workers
are being dismissed from their jobs because of their efforts to form trade unions.40 Moreover,
30% workers’ representation is required to form trade unions and as a result only 3.88% workers
are under the umbrella of trade unions. Each and every government tried to weaken trade unions
and imposed restrictions to organise unions. As a result, we find gradual decrease of Trade
Union membership which led to weak bargaining power of the workers. Employers become
powerful to dictate terms and conditions unilaterally. The Bangladesh Labour Act 2006 also
curtails the rights of workers. The tussle between government and workers’ rights entities is
inevitable. The argument from the government’s side in respect of 30% representation is to
ensure discipline in the industries whereas to the workers’ rights entities it is a restriction and
violation of the ILO Convention of 87 (Freedom of Association) and Convention 98 (Right to
39Revisiting
Labour Act 2006 by Md. Sekender Ali Mina , The Daily Star, Published on May 28, 2010; See original
http://www.thedailystar.net/law/2010/05/05/alter.htm
40
Shohel, Kayes. The Right to Form Trade Union? Not in RMG, The Dhaka Tribune, August 28, 2013 see link
http://www.dhakatribune.com/business/2013/aug/28/right-form-trade-union-not-rmg, accessed on May 21, 2014.