Revised labour law allows trade union formation with 20 workers in small factories

The ordinance also bans blacklisting of workers and defines workplace sexual harassment

In a major overhaul of labour laws, workers in factories with 20 to 300 employees can now form a trade union with the backing of just 20 workers, down from the previous requirement of 20 percent approval.

The interim government issued the ordinance on Tuesday, amending the labour law to increase workers' rights to organise.

The Advisory Council had approved the proposed amendment on Oct 23, and it was formally announced nearly a month later in the form of an ordinance.

Under the revised law, trade unions can be formed with the following number of worker endorsements based on the total workforce:

• 20 workers for factories with 20 to 300 employees

• 40 workers for 301 to 500 employees

• 100 workers for 501 to 1,500 employees

• 300 workers for 1,501 to 3,000 employees

• 400 workers for factories with over 3,000 employees.

The revised ordinance also prohibits the practice of blacklisting workers.

In the past, employers would sometimes dismiss workers and blacklist them to prevent them from finding new jobs, especially in an attempt to quell union activity.

This amendment is aimed at protecting workers from such retaliation.

The new law also defines sexual harassment in the workplace and replaces the term “women” with “female” in several places.

Law Advisor Asif Nazrul, during the approval of the draft ordinance, said: “The ordinance includes several measures for the welfare and protection of workers. There are ongoing complaints against Bangladesh at the ILO, and this ordinance addresses some of the recommendations from that body, along with inputs from development partners.”

Explaining the amendment, he added, “Labour laws will now apply to non-profit organisations. Domestic workers and sailors will also receive legal protection under this law. The new provisions also prohibit wage discrimination between men and women doing the same job.

“The alternative dispute resolution mechanisms have been strengthened, and a rehabilitation fund for workplace accidents has been introduced.”