- Section 423.16 to said Company unions; interference with unions and discrimination prohibited.
- Section 82 to said race, color, religion and disability.
- NLRA means national labor relation.
- FLA means Fair labor act.
Do you think that the current legal mechanism of Bangladesh is adequate in order to protect labor rights explain & illustrate.
Introduction:
Law is the sources in sovereign authority, accompanied by sanctions and law should compel a course of conduct. Law is the body of principals recognized and applied by the state in the
administration of justice. Law gives the right to the employees, protect them to unpleasant
situation. Thousands of workers they have young 10 years or more they works on Chittagong
area but their laws sometimes works or sometimes they broke the rule of the industry law, that is
big problems for our country. Recently many of the unpleasant situations are create in industry
and labors loss their job and crazy employees do strikes. The reason for this situation unexpected
for every labors and government also.
In Bangladesh today, where the garment and textile industry is now that nation’s largest sector
industry, workers have recently begun protesting for a higher minimum wage and improved
industry standards. I can only hope that the US will join in their efforts, and push for stronger
global standards for workers, so that labor rights and workers’ safety rules are enforced
domestically and globally no matter where the work is being done. This make a big trouble to the
industrialist. If industry labors do this activities for every reason that loose our economic so I
things this sectors should provide proper labor laws. For example South Asian country has wage
plan for the world garments workers and this policy is highly related to the industry. Here
Bangladesh earns 80% of exports. Millions of workers, predominately women, work long hours
for the legal minimum wage of $24 per month. However, this wage is so low compared to
rapidly increasing food prices that workers struggle every day to feed their families. Workers and
organization are fighting to earn wages they suffering support their families. Labor rights now
condemned the latest murders of labor leaders in many countries and demanded that the Uri be
government there move more vigorously to investigate and prosecute those responsible for
killing unionists there.
Laws express the rights of employees in the United States and protect them from employer
retaliation for exercising those legal rights or reporting to the proper authorities. Fair Labor Act
is designed to protect labor rights. Labor rights popularly because of wages, benefits and
reasonable working conditions. Labor rights are a form of human rights intended to protect the
interests and well being of workers. These rights include right to form workers union and
bargaining for a better pay package and ensuring a better industrial atmosphere on part of the
employer. Recognized everywhere that unless workers are encouraged and feel satisfied the
productivity cannot increase. When the labor force remains depressed and dejected, the progress
of work tends to slow the real portfolio that taking much longer to be completed and in the
process leading to cost escalation and poor industrial relation. A poor industrial relation gets
translated into suspicion and a stalemate between workers and the employer. Several studies
have confirmed that the cost of maintaining a good industrial relation between the worker and
the employer is much less than the indirect cost incurred in maintaining and persuading a
depressed and de-motivated workforce. The policy should be to pacify and satisfy the workers by
handling disputed matters tactfully and meaningfully. All know the traditional principle that a
satisfied customer is the best advertisement. The National Labor Relations Act (NLRA, 1935)
serves as the framework for regulation of private labor relation management by the federal
government. The law sometimes makes illegal interference by the employer in areas such as
labor unions, collective bargaining through unions and concerted activities like strikes. The law
asks the employer to abandon the policy of following unfair practices and to bargain with the
unions. The US Taft-Hartley amendment to NLRA allows states to pass “right-
to-work” where the job of a worker will not be affected by the worker’s acceptance or non-
acceptance of the union membership. The Landrum-Griffin amendment to NLRA made
provisions for further legal rights to union members to participate in internal management of
their unions. For the betterment of the society, the labor rights should be respected and given due
recognition. Labor laws vary on a state level but are also dictated by federal laws and decisions
made by courts. The first labor laws were enacted by Congress in 1914 under the “Clayton Act”
which provided that humans were not commodities or property. The Clayton Act also covered
labor organizations, such as labor unions, and forbade businesses to prohibit employees from
joining unions.
While today, nearly everyone is familiar with minimum wage requirements, these requirements
were not put into place until 1938. At that time, the rules stated that there must be minimum
wages and maximum number of hours for all employees. The hours at that time were 44 hour
work weeks, unlike today when labor laws state that any employee who is paid on an hourly
basis must be paid overtime after 40 hours. In section 423.8 said Employees; right to organize,
collective bargaining. By this section to protect the labor right and it was not until 1967 that laws were
passed that prohibited age discrimination. There were many companies that were preventing
people who were 40 and above from keeping their jobs, in favor of hiring younger workers. This
was without regard to experience and was a very common issue for those who found themselves
people needing new jobs after the age of 40. This was again amended in 1975 and several times
since to cover additional issues that have arisen as companies shunned older workers in favor of
a younger workforce. In effect, the age discrimination laws required that companies not take age
but rather capacity into consideration when they refusing to hire an older worker for a job.
1. Section 423.8 for Employees; right to organize, collective bargaining.
2. NLRA (1935) for private labor relation management.
In section 423.16 to said Company unions; interference with unions and discrimination
prohibited. Besides the Act shall be construed to prohibit compulsory retirement of any
employee who has attained 65 years of age, and who, for the 2-year old immediately before
retirement, is workers in a bona fide executive or high policymaking position, if such employee
is entitled to an immediate non-forfeitable annual retirement benefit from a pension, profit-
sharing, savings, or deferred compensation plan, or any combination of such plans, of the
employer of such employee.
In 1964 that Congress passed Public Labor Law 82-352 that forbid discrimination based on race,
color, religion, sex, national origin, disability, or age. This law was from past practices. There
were far more laws passed after this including the mandatory leaves.
Law is a system of rules a society sets to maintain order and protect harm to persons and
property. Law is a legal rule to protect unethical activities, dating back at least to the code of
Hammurabi written by an ancient Babylonian king around 1760 BC. Today, most countries have
tens of thousands of pages of law. Laws are enforced by the police, shelter by the court and
prison systems. Laws are written by legislators, such as senators or congressmen. In America and
many other countries, laws must uphold and not contradict the Constitution, a document
outlining the most basic rules of the country.
1. Section 423.16 to said Company unions; interference with unions and discrimination prohibited.
2. Section 82 to said race, color, religion and disability.
3. NLRA means national labor relation.
4. FLA means Fair labor act.
society has begun to question most legal activities as to their effectiveness and competence. The
reason of these reviews has emerged by changing times, changing thoughts, understanding,
beliefs, as well as the development of technology and other such present developments within
societies. There are two sources of law that is parliament (legislation) and court (case) made law.
These laws can be regarded as formal law, irrespective of whether they are good or bad. In
Section 423.9g Copy or statement of most recent offer submitted by employer to bargaining unit.
Law can be ‘positivist’ in nature the meaning no judgment is made in regards to the quality of
that law which implements it regardless if it is a good or bad. On the other hand a theory does
not look at the moral implications of the laws this only an amoral view of law. Natural law on
the other hand, is the idea that ‘God’ makes laws. This theory originates as far back as early
Greece and the ‘Gods’. The most complete account of natural law doctrine can be found by
Aquinas St. Thomas. For instance – “Nothing else than the rational creature’s participation of the
eternal law, Every law has just so much of the character of the law as it is derived from the law
of nature. But if in any point it differs from the law of nature, it is no longer a law but a
corruption of a law that positive law is a determination of natural law. It is the main fact, that
even in the simplest of societies, some form of legal rule and guidance is without doubt needed
to control the anarchist like environment. Which ironically counteracts the entire purpose of a
lawless society and he necessary of laws is not possible to describe with in a words.
1. Section 423.9g said Copy or statement of most recent offer submitted by employer to bargaining unit.
2. Thomas said “Nothing else than the rational creature’s participation of the eternal law’’.
3. Section 423.15 said Unlawful possession of property; penalty.
Conclusion:
Law is important because it acts as a guideline as to what is accepted in society. Without laws
there would be destroyed and conflicts between social groups, society, construction, etc. laws are
everywhere and it is pivotal that we follow them. Law allows for easy adoption to change that
occur in society. As a result the time changes so will a law. Laws are constantly being amended
when needed and they apply it by their personal or social need. People may not agree with a
certain law but that is just the way society works.
Laws are normally based on common sense. Generally if all people at all times followed
common sense, laws would generally not be necessary. Other laws are used to regulate things
such as trade, immigration and sales. There are perhaps some unnecessary laws and I personally
don’t think law really prevents problems. But, to answer the question, mainstream society sees
law as a tool to regulate. Employments relation commission (423.1-423.30) here said this related
information details. Law is important because it keeps society running. Without law there would
be chaos and it would be survival of the fittest and everyman for himself. Not an exactly rules
that flows the lifestyle for most. Then the world would be unsafe and there would be no order in
society. In section 423.7 here to said Employment relations commission; principal office; office
space; rules. This is the organization environment rules that also follow the laws. In section
423.17a said that Unlawful picketing to force recognition or bargain with labor organization. For
Labor right numbers of acts are organized because of to protect their rights in every situation. In
section 423.17 said Coercion to join union or to refrain from work; misdemeanor. Besides in
section 423.19 said Liberal construction of act; police powers. Which to prove the right of the
labor rights. Augustine’s assertion that law was a natural necessity to curb man’s sinful nature
held the field for many centuries. But the belief that man’s nature might be corrupt and sinful has
been at times weighed against the believe that man activities a natural virtue which is capable of
development. Leaning heavily upon Aristotle’s conception of the natural development of the
state from man’s social impulses, Aquinas held that the state was not necessary but was a natural
foundation in the development of human welfare.
1. Section 423.7 here to said Employment relations commission; principal office; office space; rules.
2. Section 423.17a said that Unlawful picketing to force recognition or bargain with labor organization.
3. Section 423.17 said Coercion to join union or to refrain from work; misdemeanor.
4. Section 423.19 said Liberal construction of act; police powers.
5. Section 423.276 said Impartial arbitrator as chairperson of arbitration panel; hearing; notice; duties of chairperson; intervention; receipt of evidence; informal proceedings; technical rules of evidence inapplicable; record of proceedings; transcripts; adjournment; conclusion of hearing; expense of proceedings; payment of public officers or employees; actions and rulings.
Bibliography
- Arun S.Jitendra M.,Commercial Law and Industrial Law,edi prof.Sakti,27th edition,p-135.
11. http://www.mole.gov.bd/index.php?option=com_content&task=view&id=441&Itemid=519
13. http://www.ilo.org/dyn/natlex/docs/WEBTEXT/47348/65074/E65BGD02.htm
15. http://essaysforstudent.com/essay/Bangladesh-Garment-Industry-Challenges-21st/38486.html
16. http://www.workers.org/2010/world/bangladesh_garment_workers_1230/
17. http://www.anti-caste.org/bangladeshi-garment-workers/
20. http://en.wikipedia.org/wiki/Economy_of_Bangladesh
22. http://www.state.gov/r/pa/ei/bgn/3452.htm
25. http://www.hrw.org/en/world-report-2011/bangladesh
Correspondence For: The Lawyers & Jurists M.L.Hotel Tower Ltd,208,Shahid Syed Nazrul Islam Sarani, Bijoy Nagar, Dhaka-1000. Email-admin@lawyersnjurists.com/nomaer@hotmail.com www.lawyersnjurists.com Country code+ Ph No. Ph:0088-02-9571389; 0088-02-9513408, 0088-02-9564329, 0088-02-9564398 Direct cell with country code: Local Code : a)0088-01733689444 b)0088-01674647033 C)0088-01552632768