Organize and Collective Bargaining).41The trade union movement did not accept the Act and
suggested amendments to the government. The ILO Committee of Experts on the Application of
Convention and Recommendation (CEACR) has noted with deep regret that the Labour Act did
not contain any improvements in relation to the previous legislation and contained even further
restrictions which were contrary to the provisions of ILO conventions. Out of the 7000 garment
factories there are 139 unions. And out of 139, only 20-25 are active and there are only 5
collective bargaining agreements. In the whole RMG sector only two unions have been
registered in 2008, none in 2009 or 2010 and just one in 2011 whose activities were stayed by
the court when employers went to the court.42
The collective bargaining agent shall be entitled to undertake bargaining for materializing the
interests of workers. Collective bargaining is limited as there is no legal provision for collective
bargaining on a sectoral and national level. In fact, collective bargaining in private enterprise
virtually does not exist. The overall coverage of collective agreement is negligible.
Chapter XIV deals of settlement of labour disputes. Dispute in any industry is inevitable because
of human nature as well as conflict of interest between the employers and the workers. Owing to
the nature of poverty stricken, the settlement of dispute between workers and employers either
by alternative way or by judicial setups favours the employers undeniably. Moreover, the lack of
skilled mediators, conciliators and arbitrators is an impediment towards peaceful settlement of
labour disputes. Simultaneously, lawyers in the labour courts are dead against the alternative
dispute resolution mechanism as they fear monetary loss. Furthermore, there are seven Labour
Courts and one Labour Appellate Tribunal which are insufficient to settle more than 12000
pending labour disputes.43
Section 264 under Chapter XVII has a provision for provident funds for workers in private sector
establishments. Every permanent worker after completion of one year of service is entitled to
provident funds not less than 7% but not above 8% percent unless otherwise mutually agreed.
Significant to note that as per section 270 provident fund is not liable to attachment.
41
Khan, Touhid Hossain, Accumulation and Alienation: State of Labour in Bangladesh, Rashed Al Mahmud
Titutmir (Edited), Shaban Prokashani, Dhaka 2013.
42
Bhuiyan, Md. Mofijur Rahman, The State of Decent Work in Bangladesh, The New Age, October 8, 2012 see
link < http://www.newagebd.com/detail.php?date=2012-10-08&nid=26252>, accessed on May 23, 2014.
43
Mohiuddin, Alamgir, About 12,000 Pending in the Labour Courts, The New Age, May 1, 2012, see link <
http://www.newagebd.com/detail.php?date=2012-05-01&nid=8929#.U4V8gnaNJ5k> accessed on May 20, 2014.