Government cuts requirement for trade union registration

The government has brought down the workers' representation to 20 percent from 30 percent in formation of a trade union in a factory.

The cabinet chaired by Prime Minister Sheikh Hasina approved the draft of 'Bangladesh Labour (Amendment) Act, 2018' in a meeting on Monday.

"The number of representation required to form a trade union has been reduced," Cabinet Secretary Shafiul Alam told the reporters after the meeting.

According to the existing labour law, some 30 percent of an enterprise's minimum members are needed to get a trade union registered.

The government will have to register within 55 days after receiving an application for registering a trade union. An appeal can be filed with the labour court within 30 days from the cancellation date of an application.

The Labour Act 2006 was enacted to protect workers’ rights and increase productivity. In 2013, massive changes have been brought to the labour law.

In line with the International Labour Organisation or ILO, the labour law was proposed to bring changes to all areas, said Alam.

According to the revised labour law, factory workers will be given the festival allowances and women workers will be eligible for up to eight weeks of maternity leave.

If a factory has more than 25 workers, a dining room with water and rest room must be arranged for them, said the cabinet secretary.

If the workers wish they can work on weekends and then enjoy those with festival holidays. If a factory gets worker work in the festival holidays, it must pay a two-day compensation wage, including one-day leave, he said.

The word 'teenager' has been added to the law by excluding 'adolescent’ from the labour law. Earlier, 12-year-old children got a chance to work in the factory. Under the revised law, teenagers aged between 14 and 18 can do light work.

The amended law will not allow any labourer to work more than 10 hours without a break. 

The cabinet secretary also said use of force, threats, physical assault, abduction, disconnection of utilities or adoption of any other means to compel the factory owner to agree to any issue will be considered as 'misconduct' by the workers.

Also, it will be considered as a 'misconduct' if the workers go on strike illegally, said Shafiul. The amended law says at least 51 percent of the workers must agree to call a strike, which earlier needed approval of the two-thirds of the workers.

The labour courts have to give the verdict within 90 days from the day a case is started, once the amended law is approved. Earlier, the deadline was 60 days.

An employer who deprives a female worker of her maternity benefits will face fines up to Tk 25,000, said Shafiul.

“An employer or a worker deemed to have done misconduct in relation to the labour law may face a year in jail or Tk 10,000 in fine or both.”

Penalty for enforcing an illegal strike has been reduced to six months in jail from a year but the financial penalty has remained same at Tk 5,000.

“Anyone who concurrently becomes member of multiple trade unions will face a month in prison, which was earlier six months in prison,” said the cabinet secretary.

He also said a tri-partite recommendation council will be formed with representatives from the employer, workers and the government in accordance with the ILO Convention.

The family of any worker who dies on the job will receive Tk 200,000 in compensation instead of Tk 100,000. They will get Tk 250,000 instead of Tk 125,000 in case of permanent disability caused by their work.

A person appointing a child or an adolescent to job will face maximum Tk 5,000 in fine.

The trade unions will have to inform the government if they accept any donation from abroad. A worker with disability cannot be engaged in risky tasks.

The amended law will not be applicable for the factories in the EPZ, said the cabinet secretary. The government is trying to coordinate the existing laws, according to him.