Trade Unions and Industrial Relations

∗
Khan Sarfaraz Ali

A trade union or labor union is an organization of workers who have banded together to achieve common goals in
key areas and working conditions. According to The Bangladesh Labor Act, 2006, workers/employers, without
distinction whatsoever shall have the right to form trade union for the purpose of regulating the relations between
workers and employers or workers and workers or employers and employers and, subject to the constitution of the
union concerned, to join trade union of their own choosing [Sec: 176, The Bangladesh Labor Act, 2006 / Sec: 3,
IRO, 1969]. The trade union, through its leadership, bargains with the employer on behalf of union members and
negotiates with employers. This may include the negotiation of wages, work rules, complaint procedures, rules
governing hiring, firing and promotion of workers, benefits, workplace safety and policies. The agreements
negotiated by the union leaders are binding on the rank and file members and the employer and in some cases on
other non-member workers. These organizations may comprise individual.
Objectives of Trade Unions
The most common, but by no means only purpose of trade unions are maintaining or improving the conditions of
employment. Over the last three hundred years, many trade unions have developed into a number of forms,
influenced by differing political and economic regimes. The immediate objectives and activities of trade unions
include pprotection and promotion of the interests of their members. Regulating the relations between workers and
employers or workers and workers or employers and employers is another objective of trade unions. Besides these
there are some more objectives of trade unions. They are -
Provision of benefits to members: Early trade unions, like Friendly Societies, often provided a range of
benefits to insure members against unemployment, ill health, old age and funeral expenses. In many developed
countries, these functions have been assumed by the state; however, the provision of professional training, legal
advice and representation for members is still an important benefit of trade union membership.
Collective bargaining: Where trade unions are able to operate openly and are recognized by employers,
they may negotiate with employers over wages and working conditions.
Industrial action: Trade unions may enforce strikes or resistance to lockouts in furtherance of particular
goals.
Political activity: Trade unions may promote legislation favorable to the interests of their members or
workers as a whole. To this end they may pursue campaigns, undertake lobbying, or financially support individual
candidates or parties (such as the Labor Party in Britain) for public office.
Why workers join Trade Union?
Trade unions are like to play a vital role for its members in case of job losses, or unfair labor practice or
inappropriate working conditions that help workers to think for joining a trade union. Few reasons that motivate
people to join a trade union are - greater bargaining power (on economic and non-economic issues), steady
employment (job security), rationalization of personnel policy (consistent treatment), protection from economic
hazard, recognition and participation in organizational policy, compulsion (peer/social/political pressure), and
general mistrust of management.
Why workers do not join Trade Union?
Trade union is a continuous association of wage earners. It is formed for the purpose of maintaining and improving
the conditions of the working lives. But there may be some reasons that resist workers to join trade unions. They are
- lack of compelling reasons, mistrust of unions, corruption in unions, continuous political influence and pressure,
and above all lack of unity of the workers.
Trade Unions in view of Bangladesh Labor Act, 2006
SEC. - 175. Special definition of worker – unless there is anything repugnant in the subject of context “worker”
in this chapter connotes a worker defined in section 2 (65), and for the purpose of any proceeding under this chapter


∗
Associate Management Counselor, Bangladesh Institute of Management (BIM)
sarfarazbim@gmail.com / 01817528067
in respect of an industrial dispute any worker laid off, retrenched, discharged or removed otherwise from
employment in connection with or in consequence of that dispute or whose lay off, retrenchment, discharge,
dismissal or removal has given rise to that dispute, but shall not include any member of the watch and ward or
security staff or fire service staff and confidential assistant of any establishment.
SEC. - 176. Trade Union of the Employers and Workers. Subject to the provisions of this chapter –
a) Without any difference whatsoever, all workers shall have the right to form Trade Unions and to join their
chosen trade union subject to the constitution of the concerned union; mainly for the purpose of regulating the
relations between workers and employers or workers and workers;
b) Without any difference whatsoever, all employers shall have the right to form Trade unions and to join
their chosen trade unions subject to the constitution of the concerned union, mainly for the purpose of regulating the
relations between employers and workers or employers and employers;
c) Workers and employer trade unions shall have the right to form federation and to join it and the workers
or employers of such union or federation shall have the right to get affiliated with any international organization or
confederation; and
d) Trade unions and employers associations shall have the right to draw up their constitutions and rules, to
elect their own representatives with full freedom, to organize the administration and activities and to formulate
program for the organization.
SEC. - 177. Application for Registration. Any trade union may, under signature of its president and the
secretary, apply for the registration of the trade union under this Chapter to the Registrar of Trade Unions of the
concerned area.
SEC. - 178. Requisites for Application. 1) Application for registration of any trade union shall have to be
submitted to the Director of Labor or to the Officer authorized in this respect.
2) The following particulars are to be enclosed with the application, such as:-
a) a statement supplying the following information, such as -
(i) the name of the trade union and the address of its head office;
(ii) date of formation of the trade union;
(iii) the name, age, address, occupation and the posts in the trade union of the officers of the trade union;
(iv) statement of all subscribing members;
(v) the name of the establishment with which the trade union is concerned and the total number of workers
employed or working therein;
(vi) in case of nay federation of trade unions, the names, addresses and registration number of the member
unions.
b)Three copies of the constitution of the trade union together with a copy of the resolution adopting a proposal for
accepting the resolution bearing the signature of the president of the meeting in which the resolution has been
adopted;
c) A copy of the resolution adopted by the members empowering the President and the Secretary to apply for its
registration; and
d)In case of Trade Union Federation a copy of the resolution from each of the constituted unions consenting to
become member of the Federation.
3) On receipt of an application under sub-section (1), the Director of Labor or the Officer authorized in this
behalf shall send a copy thereof without delay (together with a list of the officers of the union) to the employer
concerned for his information. Provided that, in case of a group of establishments, the Register of Trade Unions
shall cause public advertisement together with a list of the officers of the union at the cost of the applicant.
SEC. - 179. Requisites for Registration. 1) A Trade Union shall not be entitled to registration under this
Chapter unless its constitution contains the provisions for the following matters, such as:
a) The name and address of the Trade Union;
b)The purpose of forming the Trade Union;
c) Distinct provisions specifying the manner in which a worker may become a member of the trade union, and
declaring therein that any worker shall not be able to become a member of the trade union unless he applies in the
from displayed in the constitution with the declaration that ‘he is not a member of any other trade union’;
d) The source of the fund of the trade union and the description of the purpose for which such fund shall be
used;

∗
Associate Management Counselor, Bangladesh Institute of Management (BIM)
sarfarazbim@gmail.com / 01817528067
 e) The conditions under which a member shall be entitled to any benefit assured by the constitution of the trade
union and those under which any fine or forfeiture may be imposed on him;
f) The maintenance of a list of the members of the trade union and adequate facilities for the inspections thereof
by the officers and members of the trade union;
g) The manner of changing, amending and rescinding the constitution;
h) The safe custody of the funds of trade union, its annual audit, the manner of audit and adequate facilities for
inspection of the books of accounts by the officers and members of trade union;
i) The manner in which the trade union may be dissolved;
j) The manner of election of the officers by the general members of the trade union, and the tenure, which shall
not be in any case more than two years, of their holding office;
k) The number of the officers shall not be less than five and more than thirty five as prescribed by rules;
l) The manner of expressing no-confidence against any officer of the trade union; and
m) The meetings of the executive committee and of the general members of the trade union, which in case of the
executive committee shall be at least once in every three months and in case of general members at least once a year.
2) A trade union of workers shall not be entitled to registration under this Chapter unless it has minimum
membership of thirty percent of the total number of workers employed in the establishment in which it is formed.
Provided that, in case of more than one establishment under the same employer, which are allied o and connected
with one another for the purpose of carrying on the same industry irrespective of their place of situation, shall be
deemed to be one establishment for the purpose of this sub-section.
3) Where any doubt or dispute arises as to whether any two or more establishments are under the same
employer or whether they are allied to or connected with one another for the purpose of carrying on the same
industry, the matter may be referred to the director of Labor for settlement.
4) Any person aggrieved by the decision of the Director of Labor given under sub-section (3) may, within
thirty days from the date of the decision, appeal to the Labor court and the decision of the Labor Court on this shall
be final.
5) There shall not be more than three registered trade unions in any establishment or group of establishments
in anytime.
a) Disqualifications for becoming a member or an Officer of a Trade Union. 1) Notwithstanding anything
contained in the constitution of a trade union, a person shall not be entitled to be or to be elected as, an officer or
member of it, if he has been convicted of terminal offence involving moral turpitude or an offence under section
196(2)(d) or section 298 and a period of 2 (two) years has not elapsed since his release;
b) He is not employed or engaged in the establishment in which the trade union is formed.
2. Nothing in clause (b) of sub-section (1) shall apply to any federation trade unions.
SEC. - 180. Registered Trade Union to maintain Register, etc. Every registered trade union shall
maintain, in such form as may be prescribed by rules, the following books and registers:-
a) A register of members showing particulars of subscriptions paid by each member;
b) An accounts book showing receipts and expenditure; and
c) A minute book for recording the proceedings of meetings.
SEC. - 181. Registration. 1) The Director of Labor on being satisfied that the trade union has complied
with all the requirements of this Chapter, shall register the trade union in a prescribed register and issue a
registration certificate in the prescribed form within a period of 60 (sixty) days from the receipt of the application.
2. If the director of Labor finds deficiency in any information in such application, he shall inform the trade
union of his objection about such matter within fifteen days from the date of the receipt of the application and the
trade union shall reply thereto within a period of fifteen days from the date of the receipt of the objection.
3. When the objection raised by the Director of Labor is met satisfactorily, the Director of Labor shall
register the trade union as provided in sub-section (1), and if the same is not satisfactorily met, he shall reject it.
4. In case the application has been rejected or the Director of Labor has, after settlement of the objections,
delayed disposal of the application beyond the period of 60 (sixty) days provided in sub section (1), the trade union
may appeal to the Labor court within 30 (thirty) days from the date of such rejection or the date of the expiry of the
said time limit, whichever is earlier.
5. On hearing the appeal, if it thinks proper, the Labor Court may, for reasons to be stated in their judgment,
pass an order directing the Director of Labor to register the trade union and to issue a certificate of registration
within 7 (seven) days from the date of the order or may dismiss the appeal.

∗
Associate Management Counselor, Bangladesh Institute of Management (BIM)
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 6. Any party aggrieved by the judgment of the Labor Court given under sub-section (5) may, within 30
(thirty) days of the receipt of the order thereof, prefer an appeal in the Labor Appellate Court.
SEC. - 182. Registration of trade Unions in a group of Establishments. 1) Notwithstanding anything
contained in this Chapter, a group of establishments shall be deemed to be one establishment for the purpose of
formation of trade unions, and no separate trade union shall be formed in any establishment comprising such group
of establishments.
2. For the purpose of this section a “group of establishments” shall mean all those establishments in a
specified area who are engaged in specified industry of the same category and whereon not more than twenty
workers are engaged.
3. Notwithstanding anything contained in sub-section (2), all establishments carrying on any of the
following industries in a specified area shall, irrespective of the number of workers employed in each of them, be
deem to be one group of establishments for that area, namely - private owned road transport, including rickshaw;
private owned inland water transport; tailoring and garments manufacturing industry employing not more than 100
workers; tea industry; jute baling;
leather industry; biri; hand-loom; hosiery; printing press; hotel or motel with not more than 25 (twenty five) guest
rooms; restaurant not forming part of any hotel; small metal industry; book binding; cinema and theatre.
Provided that, the Government may, if it thinks just for national interest, add any other industries with the
above list by notification in the official Gazette.
4. Specified area referred to in sub-section (2) or (3) shall mean any area specified by the government for
this purpose by notification in the official Gazette for any specified industry; and such areas may be specified on
national, regional or local basis, and different areas may be specified for different industries.
5. Specified industry referred to in sub-section (2) shall mean any industry specified by the government for
this purpose by notification in the official gazette.
6. A trade union formed in a group of establishments may be registered if it has a minimum membership of
30 (thirty) percent of the total number of workers employed in all the establishments comprising the group of
establishments in which it is formed.
7. Notwithstanding anything contained in this Chapter, if the constitution of a trade union formed in a group
of establishments contains such provisions that any person not employed in any establishment comprising the group
of establishments shall be entitled to be, or to be elected as, an officer of the trade union, then any such person shall
be entitled to be, or to be elected as, an officer thereof:
Provided that the number of such persons shall in no circumstances be more than one fourth of the total number
of its officers.
8. Subject to the provisions of this section, all other sections of this Chapter applicable to trade unions
formed in separate establishment shall also apply to trade unions formed in group of establishments.
SEC. - 186. Conditions of Service shall remain Unchanged Pending Disposal of the Application for
Registration. 1) No employer shall while an application for registration of a trade union formed in his establishment
is pending, alter, without prior permission of the Director of Labor making inconvenience to any officer of such
trade union, the conditions of service applicable to him before such application is made.
2) Notwithstanding anything contained in sections 26, a worker who is a member of such trade union shall not,
during the pendency of such application, be terminated under this section.
SEC. - 187. President and Certain Officers not to be transferred. No president, General Secretary,
Organizing Secretary, or Treasurer of any trade union shall be transferred from one district to another without his
consent.
SEC. - 188. Notice in case of certain changes in the constitution or Executive Committee. 1) Every
amendment in the constitution of any trade union, every change in their officers and any change of their name and
addresses must be informed by registered mail or by hand to the Director of Labor within 15 (fifteen) days of such
amendment or change and the Director of Labor on receiving such notice shall send a copy of it to the employer
concerned for this information.
a. The Director of Labor may refuse to register such changes or amendments if any such changes are
made by violating any provision of this Chapter or of the constitution of the concerned trade union.
b. Any inclusion or exclusion of a member of a trade union federation shall be informed by
registered mail to the Director of Labor within 60 (sixty) days of such inclusion or exclusion.

∗
Associate Management Counselor, Bangladesh Institute of Management (BIM)
sarfarazbim@gmail.com / 01817528067
 c. If there is any dispute regarding the change of officers in a trade union or a trade union is
aggrieved by the order of refusal under sub-section (2) by the Director Labor, any officer or member of such trade
union may appeal to the Labor Court.
d. The Labor Court, within seven days after receiving any appeal under sub-section (4), may if it
thinks fit, by recording reasons in its judgment, order the Director of Labor to amend the concerned trade union or
change its officer(s) or direct fresh election of the trade union under the supervision of the Director of Labor.
SEC. - 189. Certificate of Registration. The Director of Labor , on registering a trade union under
section 182, shall issue a certificate of registration in the prescribed form which shall be conclusive proof of due
registration of the concerned trade union under this Chapter.
SEC. - 190. Cancellation of Registration. 1) Subject to the other provisions of this section, the registration
of a trade union may be cancelled by the Director of Labor , if –
a. The trade union applies for the cancellation f registration;
b. Its existence gets abolished;
c. It obtains registration by fraud or by misrepresentation of facts;
d. It violates any fundamental provision of its constitution;
e. Commits any unfair Labor practice;
f. Its membership falls below the number required under this Chapter; or
g. It violates any provision of this chapter or that of any rule.
2) Where the Director of Labor is satisfied after investigation that the registration of a trade union should be
cancelled, he shall submit an application to the Labor court praying for permission to cancel such registration.
3) The Director of Labor shall cancel the registration of such trade union within thirty days from the date of
receipt of permission from the Labor Court.
4) The registration of a trade union shall not be cancelled on the ground mentioned in sub-section (1) (e) if the
application to the Labor Court is not submitted within three months from the date of commission of the alleged
unfair Labor practice.
SEC. - 194. Incorporation of Registered Trade Union. (1) Every registered trade union shall be a
body corporate by the name under which it is registered, shall have perpetual succession and a common seal and the
power to contract and to acquire, hold and dispose of property, both movable and immovable, and shall by the said
name, sue or be used.
2) The Societies Registration Act, 1960 (XXI of 1860) the Co-operative Societies Ordinance, 1985 (Ordinance 1
of 1985) and the Companies Act, (994 shall not apply to any registered trade union and the registration of a trade
union under any of these Acts shall be void.
SEC. - 195. Unfair Labor Practices on the Part of the Employers. No employer or trade union of
employer or no person acting on behalf of either shall -
a) Impose any condition in a contract of employment seeking to restrain the right of a
person who is a party to such contract to join a trade union or continue his membership of a trade union;
b) Refuse to employ or refuse to keep employed any person on the ground that such
person is, or is not member or officer of any trade union;
c) Discriminate against any person in regard to any employment, promotion, condition of
employment or working condition on the ground that such person is, or not, a member or officer of any trade union;
or
d) Dismiss, discharge, remove from employment or threaten to dismiss, discharge or
remove from employment a worker or injure or threaten to injure him in respect of his employment by reason that
the worker is or proposes to become, or seeks to persuade any other person to become, a member or officer of a
trade union or participates in the promotion, formation or activities of the trade union;
e) Induce any person to refrain from becoming, or to cease to be a member or officer of a
trade union, by conferring or offering to confer any advantage on, or by procuring or offering to procure any
advantage for such person or any other person;
f) Compel any officer of the collective bargaining agent to sign a memorandum of
settlement by using intimidation, coercion, pressure, threat, confinement to a place, physical injury, disconnection of
water, power and telephone facilities and such other methods;
g) Interfere with, or in any way influence the balloting provided for in section 202.

∗
Associate Management Counselor, Bangladesh Institute of Management (BIM)
sarfarazbim@gmail.com / 01817528067
 h) Recruit any new worker during the period of strike under section 211 or during the
currency of a strike which is not illegal except where the conciliator has, being satisfied that complete cessation of
work is likely to cause serious damage to the machinery or installation, permitted temporary employment of a
limited number of workers in the section the damage is likely to occur;
i) Fail intentionally to take measures as per the recommendation of the Participating
Committee;
j) Fail to give answer to any letter sent by the collective bargaining agent regarding an
industrial dispute;
k) Transfer the President, the General Secretary, the Organizing Secretary, or the
Treasurer of any trade union in contravention of the provision of section 187;
l) Commence or continue an illegal lock-out or persuade any other person to take part in
that.
SEC. - 196. Unfair Labor Practices on the Part of Workers. 1) No worker shall remain engaged in any
trade union activities during his working hour without the permission of the employer. Provided that nothing
contained in this sub-section shall apply to the President or the General Secretary of the collective bargaining agent
of an establishment for their being engaged in trade union activities, if such activities relate to any committee,
dialogue, conciliation, arbitration or any other proceedings under this Act and the employer is informed thereof in
time.
2) No worker or trade union of workers or no person acting on behalf of such trade union shall-
a) Intimidate any worker to become, or refrain from becoming, or to continue to be, or to cease to be
a member or officer of a trade union;
b) Induce any person to refrain from becoming, or cease to be a member or officer of a trade union,
by conferring or offering to confer any advantage on, or by procuring or offering to procure any advantage for, such
person or any other person;
c) Compel or attempt to compel any worker to pay, or refrain from paying, any subscription towards
the fund of any trade union by using intimidation, coercion, pressure, threat, confinement to any place, physical
injury and by disconnecting water, power or telephone facilities or adopting any other method.
d) Compel or attempt to compel the employer to sign a memorandum of settlement by using
intimidation, coercion, pressure, threat, confinement to a place, physical injury, disconnection of telephone, water
and power facilities or by any other method.
e) Commence or continue any illegal strike or go slow work; or persuade any other person to take
part in that; or
f) Create blockade, obstacle in transport or communication system or cause damage to any property
for the purpose of satisfying any demand or object of a trade union.
3) It shall be an unfair practice for a trade union if it interferes in any election held under section 202
by the exercise of undue influence, intimidation, impersonation or bribery through its executive or through any
person acting on its behalf.
SEC. - 197. Limited Application of the Law of Conspiracy. No member or office of a registered trade union
or a collective bargaining agent shall be liable to punishment under sub-section (2) of section 120B of the Penal
Code (Act XLV of 1960) in respect of any agreement made amongst the members thereof for the purpose of
furthering any such object of the trade union as is specified in its constitution referred to in section 179, unless the
agreement is an agreement to commit an offence, or otherwise violate any laws other than the provisions of this
Chapter.
SEC. - 198. Immunity from Civil suit in certain Civil Cases. 1) No suit or other legal proceedings shall be
maintainable in any Civil Court against any trade union or collective bargaining agent or an officer or member
thereof in respect of any action done in contemplation or furtherance of an industrial dispute to which the trade
union is a party on any of the following grounds only, namely:
a) That such act induces some other person to break a contract of employment;
b) That it is an interference with the trade, business or employment of some other person; or
c) That it restricts the right of some other person to dispose of his capital or of his Labor as he wills.
2) A trade union shall not be liable in any suit or other legal proceedings in any Civil Court in respect
of any tortuous act done in contemplation or furtherance of an industrial dispute by an agent of the trade union if it is
proved that such person acted without the knowledge of, or contrary to express instructions of the executive
committee of the trade union.
∗
Associate Management Counselor, Bangladesh Institute of Management (BIM)
sarfarazbim@gmail.com / 01817528067
 SEC. - 199. Enforceability of Agreement. Notwithstanding anything contained in any other law, an
agreement amongst the members of a trade union shall not be void, or voidable by reason only that any of the
objects of the agreement are in restraint of any trade.
Provided that nothing in this section shall enable any Civil Court to entertain any legal proceeding
instituted for the express purpose of enforcing, or recovering damages for the breach of any agreement concerning
the conditions on which any member of a trade union shall or shall not sell their goods, transact business or work,
employ or be employed.
SEC. - 200. Registration of Federation of Trade Unions. 1) Any two or more trade unions formed in
establishments which are engaged in or carrying on the same industry may, if their respective general bodies so
resolved, constitute federation by executing an instrument of federation and apply for the registration of the
federation.
Provided that a trade union of workers shall not join a federation which comprises a trade union of
employers, nor shall a trade union of employers, nor shall a trade union of employers join a federation which
comprises a trade union of workers.
2) An instrument of federation referred to in sub-section (1) shall, among other things, provide for
the procedures to be followed by the federated trade unions and the rights and responsibilities of the federation and
the federated trade unions.
3) An application for the registration of a federation of trade unions shall be signed by the Presidents
and General Secretaries of all the trade unions constituting the federation and shall be accompanied by three copies
of the instrument of federation referred to in sub-section (1).
SEC. - 201. 1) After the end of an English calendar year there shall be sent to the Director of Labor by 30 th
April of the next year, a general statement prepared and audited in the prescribed manner, of all receipts and
expenditure and of the assets and liabilities of a trade union during that year.
2) Together with the general statement, there shall be sent to the director of Labor a statement
showing all changes of officer made by the trade union during the year to which the general statement refers,
together also with a copy of the latest amended constitution of the trade union.
3) If a registered trade union fails to send such general statement by the time limit specified in sub-
section (1), the Director of Labor shall inform the trade union by a notice thereof and if the trade union fails again to
send the general statement within thirty days of the receipt of the receipt of such notice its registration shall be liable
to be cancelled.
4) In case the trade union is the member of a federation, the name of the federation shall be given in
the general statement.
SEC. - 202. Collective Bargaining Agent. 1) Where there is only one trade union in an establishment, that
trade union shall be deemed to be the collective bargaining agent for such establishment.
2) Where there are mort ha one trade union in an establishment, the Director Labor shall, upon an application
made in this behalf by any such trade union or by the employer, hold a secret ballot within one hundred twenty days
to determine as to which one of such trade unions shall be the collective bargaining agent for the establishment.
3) Upon receipt of an application under sub-section (2), the Director of Labor shall be notice in writing direct
all trade unions of the concerned establishment to inform, within the period specified in the notice, which shall not
be more than fifteen days, whether it shall contest the secret ballot.
4) If a trade union fails to inform the Director of Labor, within the time specified in the notice given under
sub-section (3), of the matter relating to its contest in the secret ballot, it shall be presumed that it shall not contest
such ballot.
5) If no trade union informs the Director of Labor anything, within the time specified in the notice, as to its
desire to be contestant in the secret ballot, the trade union applying under sub-section (2) shall be declared to be the
collective bargaining agent for the establishment, provided it has as its members not less than one third of the total
number of workers employed in the establishment.
6) Every employer, if requested by the Director of Labor, shall send to the Director of Labor a list
of those worker who are in the service of his establishment at least for a period of three months excluding the casual
and badli workers, and the list shall contain the following particulars, such as - the name of every worker, the name
and age of his parent, (where applicable the name of husband/wife shall also be given), the name of his section or
department, name of the place in which he is employed, his ticket number and the date of his employment.

∗
Associate Management Counselor, Bangladesh Institute of Management (BIM)
sarfarazbim@gmail.com / 01817528067
 7) Every employer, if requested by the Director of Labor, shall supply required number of additional copies of
the list referred to in sub-section (b) and shall provide necessary facilities for verification of the list submitted.
8) On receipt of the list of workers from the employer the Director of Labor shall send a copy of the list to
each of the contesting trade unions and shall also affix a copy thereof in a conspicuous part of his office and another
copy of the list in a conspicuous part of the establishment concerned, together with a notice inviting objections, if
any, to be submitted to him within such time as may be specified in it.
9) The director of Labor shall dispose of the objection, if any received by him, after necessary enquiry.
10) The Director of Labor shall make such amendments or alterations in the list of workers submitted by the
employer as may be required by any decision given by him under sub-section (9).
11) After amendments or alterations, if any made under sub-section (10), or where not objections are
received by the Director of Labor within the specified time, he shall prepare a list of workers empowered in the
establishment concerned and send copied thereof, after certifying properly, to the employer and each of the
contesting trade unions at least seven days prior to the date fixed for the poll.
12) The list of worker prepared and certified under sub-section (11) shall be deemed to the list of voters, and
every worker whose name appears in that list shall be entitled to vote in the poll to determine the collective
bargaining agent.
13) Every employer, if requested by the Director of Labor, shall provide all necessary facilities for the
conduct of the poll but shall not interfere with or in any way, influence the voting.
14) No person shall canvas for vote within a radius of forty-five yards of the polling stations.
15) For the purpose of holding secret ballot to determine the collective bargaining agent, the Director of
Labor shall –
a) Fix the date for the poll and intimate the same to each of the contesting trade unions and also to
every employer;
b) On the date fixed for the poll place in the polling station ballot boxes which shall be sealed in the
presence of the representative of the contesting trade unions, if any;
c) Conduct the poll at the polling stations at which the representatives of the contesting trade unions
shall be allowed to be present;
d) After the conclusion of the poll and in the presence of such of the representatives of the contesting
trade unions as may be present, open the ballot boxes and Count the votes; and
e) After the conclusion of the count, declare the trade union which has received the highest number
of votes to be the collective bargaining agent:
24) The collective bargaining agent in relation to an establishment shall be entitled to –
a) Undertake collective bargaining with the employer on matters connected with non-employment,
the terms of employment or the conditions of work;
b) Represent all or any of the workers in any proceedings;
c) Give notice of, and declare, a strike in accordance with the provisions of this Chapter;
d) Nominate representatives of workers on any welfare establishment or provident fund and on the
Board of Trustees of Participation Fund established under Chapter Fifteen.
e) Conduct cases on behalf of any individual or group workers.
25) The provisions of this section shall also apply in determining or electing the collective bargaining agent
for a group of establishments declared under this Code.
SEC. - 204. Check-Off. 1) If a collective bargaining agent so requests, the employer of an establishment
shall deduct from the wages of those workers working in his establishment, who are members of such CBA union,
such amounts payable towards their such CBA union, such amounts payable towards their subscription to the funds
of the CBA union with the approval of each individual worker named in the demand statement furnished by the
CBA union.
a) An employer making any deduction from the wage under sub-section (1) shall, within the next 15
days, deposit the entire amount so deducted by him in the account of the concerned CBA union.
b) The employer shall provide facilitates to the CBA for ascertaining whether deductions from the
wages of its members are being made under sub-section (1).
SEC. - 205. Participation Committee. 1) The employer of every establishment in which at best fifty
workers are employed shall, in the manner prescribed by rules, constitute a Participation Committee in his
establishment.
a) Such Committee shall consist of representative of the employer and the workers.
∗
Associate Management Counselor, Bangladesh Institute of Management (BIM)
sarfarazbim@gmail.com / 01817528067
 b) The representatives of the workers in the Committee shall not be less than the number of the
representatives of the employer.
c) The representative of the workers shall be appointed on the basis of the nomination made by the
trade unions of the establishment.
SEC. - 206. Functions of the Participation Committee. 1) The functions of the participation committee
shall be mainly to plant and develop a sense of being embodied in every worker and employer and in between the
workers commitment and the sense of responsibility towards the establishment and specially -
a) To endeavor to promote mutual trust, understanding and co-operation between the employer and
the workers;
b) To ensure application of Labor laws;
c) To encourage the sense of discipline, and to improve and maintain safety, occupational health and
working condition;
d) To encourage vocational training, workers education and family welfare training;
e) To adopt measures for improvement of welfare services for the workers and their families; and
f) To fulfill production target, to increase productivity reduce production cost and impede wastes
and rise the quality of products.
2) Any participating unit of a committee shall, under the supervision of the main participation
committee, execute its functions mentioned in sub-section (1).
SEC. - 210. Settlement of Industrial Disputes. 1) If at any time, an employer or a collective bargaining agent
finds that an industrial dispute is likely to arise between the employer and the workers, the employer or the
collective bargaining agent shall communicate his or its views in writing to the other party.
2) Within fifteen days of the receipt of a communication under sub-section (1), the party
receiving it shall, in consultation with the other party, arrange a meeting with the other party for collective
bargaining on the issue raised in the communication with a view to reaching an agreement thereon through the
procedure of a dialogue, and such meeting may also be held between representative of both the parties authorized in
this behalf.
3) If the parties reach a settlement on the issues discussed, a memorandum of settlement shall
be recorded in writing and signed by both the patties and copy thereof shall be forwarded to the Government,
Director of Labor and the Conciliator.
4) If –
a. The receiver of a letter sent under sub-section (1) fails to arrange the meeting, within the time
stipulated in sub-section (s), that other party, or
b. No settlement can be reached within one month from the date of the first meeting held for
settlement of the dispute through the process of reciprocal dialogue of both the parties or within the time extended
through the written consent of both the parties, and of the parties may, within fifteen days of the expiry of the time
limit stipulated in sub-section (2) or clause (b) of this sub-section as the case may be, report thereof to the
Conciliator referred to in sub-section (5) and request him in writing to settlement the dispute through conciliation.i

∗
Associate Management Counselor, Bangladesh Institute of Management (BIM)
sarfarazbim@gmail.com / 01817528067
i
The Bangladesh Labour Act, 2006. Govt. of Bangladesh